Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p32
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 32/56)
Character Range: 163522–166389

section 203‑10 if the officer has been convicted of an offence constituted by conduct that is substantially the same as the conduct to which the court had regard in satisfying itself that the officer failed to take reasonable steps to prevent the insurer contravening the *enforceable obligation.

203‑45  Criminal proceedings during civil proceedings
 (1) Proceedings for a pecuniary penalty order against an *officer of a private health insurer are stayed if:
 (a) criminal proceedings are started or have already been started against the officer for an offence; and
 (b) the offence is constituted by conduct that is substantially the same as the conduct to which the court had regard in satisfying itself that the officer failed to take reasonable steps to prevent the insurer contravening the *enforceable obligation.
 (2) The proceedings for the order may be resumed if the *officer is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.

203‑50  Criminal proceedings after civil proceedings
  Criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a contravention of an *enforceable obligation regardless of whether:
 (a) a *declaration of contravention has been made that specifies the person; or
 (b) an order has been made against the person under this Division.

203‑55  Evidence given in proceedings for penalty not admissible in criminal proceedings
  Evidence of information given or evidence of production of documents by an *officer of a private health insurer is not admissible in criminal proceedings against the officer if:
 (a) the officer previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the officer under section 203‑10 (whether or not the order was made); and
 (b) the conduct alleged to constitute the offence is substantially the same as the conduct to which the court had regard in satisfying itself that the officer failed to take reasonable steps to prevent the insurer contravening the *enforceable obligation.
However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the officer in the proceedings for the pecuniary penalty order.

203‑60  Minister may require person to assist
 (1) The Minister may, in writing, require a person to give all reasonable assistance in connection with:
 (a) an application:
 (i) for a *declaration of contravention in relation to a private health insurer; or
 (ii) for a declaration of contravention that specifies an *officer of a private health insurer; or
 (iii) for a pecuniary penalty order under section 203‑10 in relation to an officer of a private health insurer; or
 (b) criminal proceedings against a private health insurer, or an officer of a private health insurer, for an offence against