Document ID: chunk:federal_register_of_legislation:C2025C00129:section:110
Version: federal_register_of_legislation:C2025C00129
Segment Type: section
Provision Reference: s 110
Character Range: 345290–346921

110  Offence—potential compensation payer or insurer
 (1) A person (the potential compensation payer) commits an offence if:
 (a) the potential compensation payer is given a notice under subsection 109(1) in relation to a participant or prospective participant; and
 (b) before or after receiving the notice, the potential compensation payer becomes liable to pay compensation to the participant or prospective participant; and
 (c) the potential compensation payer does not give written notice to the CEO of the liability within 7 days after becoming liable or receiving the notice, whichever is later.
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 pecuniary penalty stated above.
 (2) An insurer commits an offence if:
 (a) the insurer is given a notice under subsection 109(2) in relation to a claim by a participant or prospective participant; and
 (b) before or after receiving the notice, the insurer becomes liable to indemnify the potential compensation payer, either wholly or partly, in relation to the claim; and
 (c) the insurer does not give written notice to the CEO of the liability within 7 days of becoming liable or receiving the notice, whichever is later.
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 pecuniary penalty stated above.