Commonwealth Consolidated Acts

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INSURANCE ACT 1973 - SECT 115

Power to require production of information, books, accounts or documents

  (1)   For the purposes of the relevant legislation, APRA or a person authorised (in writing) by APRA for the purposes of this section may:

  (a)   require an officer of a general insurer, authorised NOHC or the subsidiary of an authorised insurer or authorised NOHC to produce to APRA or the person information, books, accounts or documents in respect of the general insurer, authorised NOHC or subsidiary of a general insurer or authorised NOHC; and

  (b)   inspect, take extracts from and make copies of any such books, accounts or documents.

  (1A)   In subsection   (1):

"relevant legislation" means:

  (a)   this Act; or

  (b)   Part   2 of the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003

  (2)   For the purpose of considering an application made (whether before or after the commencement of this subsection) by a body corporate for an authorisation to carry on insurance business or NOHC authorisation, APRA or a person authorised (in writing) by APRA for the purposes of this section may:

  (a)   require an officer of the body corporate to produce to APRA any information, books, accounts or documents in respect of the body corporate; and

  (b)   inspect, take extracts from and make copies of any such books, accounts or documents.

  (3)   An officer of a body corporate shall comply with a requirement made under subsection   (1) or (2).

  (4)   In this section, officer includes a director or secretary, or an employee concerned in the management, of the body corporate.

Penalty:   Imprisonment for 3 months.

Note:   Subsection   4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection   4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence.



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