Commonwealth Consolidated Acts Commonwealth Consolidated ActsA person commits an offence if:
(a) a health benefits fund is under external management or terminating management; and
(b) the person is not the manager of the fund; and
(c) 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 as:
(i) an officer of the responsible insurer for the fund; or
(ii) an external administrator of any of the assets of the fund; and
(d) the person does so without the manager's written approval; and
(e) the function or power is one that the manager has power to exercise or perform.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Note: If a body corporate is convicted of an offence against this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.