Private Health Insurance Act 2007

CHAPTER 6 - ADMINISTRATION  

PART 6-6 - PRIVATE HEALTH INSURANCE LEVIES  

Division 310 - Returns, requesting information and keeping records: private health insurers  

SECTION 310-10   POWER TO REQUEST INFORMATION FROM INSURER  

310-10(1)    
^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

APRA may, if it believes on reasonable grounds that a private health insurer is capable of giving information that is relevant to:

(a)    whether the insurer is liable to pay ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

risk equalisation levy; or

(b)    the amount of risk equalisation levy that the insurer is liable to pay;

request the insurer to give APRA the information or records that are specified in the request, before the end of the period specified in the request.

310-10(2)    
The Secretary of the Department may, if he or she believes on reasonable grounds that a private health insurer is capable of giving information that is relevant to:

(a)    whether the insurer is liable to pay ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

complaints levy; or

(b)    the amount of complaints levy that the insurer is liable to pay;

request the insurer to give him or her the information or records that are specified in the request, before the end of the period specified in the request.

310-10(3)    
A request under subsection (1) or (2) :

(a)    must be served on the ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

chief executive officer of the insurer; and

(b)    may require the information to be verified by statutory declaration; and

(c)    must specify the manner in which the information must be given; and

(d)    must contain a statement to the effect that a failure to comply with the request is an offence.

310-10(4)    
A private health insurer commits an offence if the insurer fails to comply with a request under subsection (1) or (2) .

Penalty: 60 penalty units.

310-10(5)    
Strict liability applies to subsection (4) .

Note:

For strict liability , see section 6.1 of the Criminal Code .