Document ID: chunk:federal_register_of_legislation:C2008A00105:clause:3_62zq
Version: federal_register_of_legislation:C2008A00105
Segment Type: clause
Provision Reference: sch 3 cl 62ZQ
Character Range: 139966–141049

62ZQ  Involving APRA in applications to appoint external administrators of general insurers

 (1) Before a person (other than APRA) makes an application to a court under Chapter 5 of the Corporations Act 2001 for the appointment of an external administrator of a general insurer, the person must give APRA written notice that the person proposes to make the application.

 (2) APRA is entitled to be heard on the application.

 (3) After receiving the notice, APRA may request the person to provide details of the proposed application.

Offence

 (4) A person (other than APRA) commits an offence if:
 (a) the person makes an application to a court under Chapter 5 of the Corporations Act 2001 for the appointment of an external administrator of a general insurer; and
 (b) before making the application, the person did not give APRA written notice indicating that the person proposed to make the application.

Penalty: 60 penalty units.

 (5) An offence against subsection (4) is an offence of strict liability.

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