Document ID: chunk:federal_register_of_legislation:C2025C00173:section:74
Version: federal_register_of_legislation:C2025C00173
Segment Type: section
Provision Reference: s 74
Character Range: 99865–101466

74  Managers' rights to certain records
 (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.
 (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.
 (3) The manager of a health benefits fund may, by written notice to a person, require the person to deliver to the manager, as specified in the notice, records so specified that are in the person's possession.
 (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.
 (5) A person commits an offence if:
 (a) the person is given a notice under subsection (3); and
 (b) the person fails to comply with the notice.
Penalty: 30 penalty units.
Note: If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.
 (6) Subsection (5) does not apply if the person is entitled to retain possession of the records, as against the manager and the responsible insurer for the fund.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).