Financial Sector Legislation Amendment (Simplifying Regulation and Review) Act 2007 (154 of 2007)
Schedule 1 Streamlining prudential regulation
Part 1 Amendments commencing on Royal Assent
Life Insurance Act 1995
67 After section 7
Insert:
7A Determination that certain provisions do not apply
(1) APRA may, in writing, determine that any or all of the following provisions of this Act do not apply to a person while the determination is in force:
(a) a provision of Part 2, 2A, 2B or 3;
(b) a provision of Division 1, 3, 4, 5 or 6 of Part 4;
(c) section 75;
(d) section 76;
(e) section 78;
(f) section 79;
(g) section 80;
(h) section 81.
(2) The determination:
(a) may be expressed to apply to a particular person or to a class of persons; and
(b) may specify the period during which the determination is in force; and
(c) may be made subject to specified conditions.
(3) If APRA makes a determination that applies to a particular person, APRA must also give the person written notice of the determination.
(4) APRA may, in writing, vary or revoke a determination under this section.
(5) The following instruments made under this section are not legislative instruments:
(a) a determination that applies to a particular person;
(b) an instrument varying or revoking a determination that applies to a particular person.
(6) Otherwise, an instrument made under this section is a legislative instrument.
7B Breach of condition of a determination under section 7A
(1) A person commits an offence if:
(a) a determination under section 7A applies to a person; and
(b) the person does or fails to do an act; and
(c) doing or failing to do the act results in a breach of a condition to which the determination is subject.
Penalty: 60 penalty units.
(2) Strict liability applies to subsection (1).
Note: For strict liability , see section 6.1 of the Criminal Code.
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