Private Health Insurance Act 2007

Pt 5-3 repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

Div 214 repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

S 214-20 repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015. For transitional provisions, see note under s 3-15 . S 214-20 formerly read:

SECTION 214-20 ACCESS TO PREMISES  
214-20(1)
An *inspector who:
(a) is empowered to investigate the whole or a part of the affairs of a private health insurer; and
(b) enters any *premises under subsection (3) or in accordance with a warrant granted under subsection (5);

may exercise the functions of an inspector under this section in relation to the insurer.

214-20(2)
The functions of an *inspector under this section in relation to the insurer are to exercise *search powers in relation to any records that relate, or that the inspector believes, on reasonable grounds, to relate, to the affairs of the insurer.

214-20(3)
An *inspector may, with the consent of the *occupier of any *premises, enter the premises for the purpose of exercising the functions of an inspector under this section in relation to the private health insurer whose affairs the inspector is empowered to investigate.

214-20(4)
An *inspector who has reason to believe that there are on any *premises records relating to the affairs of the private health insurer whose affairs the inspector is empowered to investigate may apply to a Magistrate for a warrant authorising the inspector to enter the premises for the purpose of exercising the functions of an inspector under this section in relation to the insurer.

214-20(5)
The Magistrate may grant a warrant if satisfied by information on oath or affirmation:
(a) that there is reasonable ground for believing that there are on the *premises to which the application relates any records relating to the affairs of the insurer concerned; and
(b) that the issue of a warrant is reasonably required for the purposes of this Act.

The warrant may be in the form set out in the Private Health Insurance (Health Benefits Fund Enforcement) Rules.

214-20(6)
The warrant authorises the *inspector, with such assistance as the inspector thinks necessary, to enter the *premises, using such force as is necessary and reasonable in the circumstances:
(a) during such hours of the day or night as the warrant specifies; or
(b) if the warrant so specifies, at any time;

for the purpose of exercising the functions of an inspector under this section in relation to the insurer concerned.

214-20(7)
A person is guilty of an offence if the person obstructs or hinders an *inspector exercising the functions of an inspector under this section.

Penalty: 30 penalty units or imprisonment for 6 months, or both.

214-20(8)
Subsection (7) does not apply if the person has a reasonable excuse.

Note:

The defendant bears an evidential burden in relation to the matter in subsection (8). See subsection 13.3(3) of the Criminal Code .