S 293-5 repealed by No 87 of 2015, s 3 and Sch 1 item 126, effective 1 July 2015.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 293-5 formerly read:
SECTION 293-5 MANAGERS
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RIGHTS TO CERTAIN RECORDS
293-5(1)
A person is not entitled, as against the *manager of a *health benefits fund:
(a)
to retain possession of records of the *responsible insurer for the fund; or
(b)
to claim or enforce a lien on such records;
but such a lien is not otherwise prejudiced.
293-5(2)
Paragraph (1)(a) does not apply in relation to records of which a secured creditor of the *responsible insurer for the fund is entitled to possession otherwise than because of a lien. However, the *manager is entitled to inspect, and make copies of, such records at any reasonable time.
293-5(3)
The *manager of a *health benefits fund may give to a person written notice requiring the person to deliver to the manager, as specified in the notice, records so specified that are in the person
'
s possession.
293-5(4)
A notice under subsection (3) must specify a period of at least 3 days as the period within which the notice must be complied with.
293-5(5)
A person commits an offence if:
(a)
the person receives a notice under subsection (3) from the *manager of a *health benefits fund; and
(b)
the person does not comply with the notice.
Penalty: 30 penalty units or imprisonment for 6 months, or both.
293-5(6)
Subsection (5) does not apply if the person is entitled to retain possession of the records, as against the *manager and also as against the *responsible insurer for the fund.
Note:
The defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3) of the
Criminal Code
.
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