S 290-5 repealed by No 87 of 2015, s 3 and Sch 1 item 126, effective 1 July 2015. For transitional provisions, see note under s
3-15
. S 290-5 formerly read:
SECTION 290-5 OFFICERS ETC. NOT TO PERFORM FUNCTIONS ETC. WHILE FUND IS UNDER MANAGEMENT
290-5(1)
A person commits an offence if:
(a)
a *health benefits fund is under *external management or *terminating management; and
(b)
the person performs or exercises in relation to the fund, or purports to perform or exercise in relation to the fund, a function or power of:
(i)
an *officer of the *responsible insurer for the fund; or
(ii)
a receiver, or receiver and manager, of any of the *assets of the fund; and
(c)
the person is not the *manager of the fund; and
(d)
it is a function or power of the manager; and
(e)
the person does so without the manager
'
s written approval.
Penalty:
30 penalty units or imprisonment for 6 months, or both.
290-5(2)
Subsection (1) does not imply that an *officer of the insurer is removed from his or her office.
290-5(3)
Section 149-30 or 217-20 does not limit the scope of subsection (1).
290-5(4)
To avoid doubt, a person is not an *officer of a private health insurer merely because he or she is an employee of the insurer.
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