Document ID: chunk:federal_register_of_legislation:C2005C00502:clause:1_49
Version: federal_register_of_legislation:C2005C00502
Segment Type: clause
Provision Reference: sch 1 cl 49
Character Range: 59373–60480

49  Duty of auditors and actuaries to give information when required

 (1) APRA may give written notice to a person who is or was an auditor or actuary of:
 (a) a general insurer (whether or not the person was appointed under section 39); or
 (b) an authorised NOHC; or
 (c) a subsidiary of a general insurer or authorised NOHC;
to give APRA information about the insurer, NOHC or subsidiary if APRA considers that the provision of the information will assist APRA in performing its functions under this Act.

 (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).

Maximum 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.

Maximum 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.