Commonwealth Consolidated Acts

INSURANCE ACT 1973 - SECT 49

  (1)   APRA may give written notice to a person who is or was an auditor or actuary of:

  (a)   a general insurer; or

  (b)   an authorised NOHC; or

  (c)   a subsidiary of a general insurer or authorised NOHC;

to give APRA information, or to produce books, accounts or documents, about the insurer, NOHC or subsidiary if APRA considers that the provision of the information, or the production of the books, accounts or documents, will assist APRA in performing its functions under this Act or the Financial Accountability Regime Act 2023 .

  (2)   The person must comply with the notice and, in doing so, must not give APRA information that is false or misleading.

  (3)   A person commits an offence if the person contravenes subsection   (2).

Penalty:   Imprisonment for 6 months, or 100 penalty units, or both.

  (4)   A person commits an offence if the person contravenes subsection   (2). This is an offence of strict liability.

Penalty:   60 penalty units.

Note 1:   For strict liability , see section   6.1 of the Criminal Code .

Note 2:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.