Document ID: chunk:federal_register_of_legislation:C2025C00173:section:104
Version: federal_register_of_legislation:C2025C00173
Segment Type: section
Provision Reference: s 104
Character Range: 132734–135078

104  Non‑compliance with a direction
 (1) A private health insurer commits an offence if:
 (a) the insurer is given a direction under section 96; and
 (b) the insurer fails to comply with the direction.
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.
 (2) If a private health insurer commits an offence against subsection (1), the insurer commits an offence against that subsection in respect of:
 (a) the first day on which the offence is committed; and
 (b) each subsequent day (if any) on which the circumstances that gave rise to the insurer committing the offence continue (including the day of conviction for any such offence or any later day).
Note: This subsection is not intended to imply that section 4K of the Crimes Act 1914 does not apply to offences against this Act.
 (3) An officer of a private health insurer commits an offence if:
 (a) the insurer is given a direction under section 96; and
 (b) the officer's duties include ensuring that the insurer complies with the direction, or with a class of directions that includes the direction; and
 (c) the officer fails to take reasonable steps to ensure that the insurer complies with the direction.
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.
 (4) If an officer of a private health insurer fails to take reasonable steps to ensure that the insurer complies with a direction given to it under section 96 in circumstances that give rise to the officer committing an offence against subsection (3), the officer commits an offence against that subsection in respect of:
 (a) the first day on which the offence is committed; and
 (b) each subsequent day (if any) on which the circumstances that gave rise to the officer committing the offence continue (including the day of conviction for any such offence or any later day).
Note: This subsection is not intended to imply that section 4K of the Crimes Act 1914 does not apply to offences against this Act.

Part 5—Other obligations of private health insurers

Division 1—Introduction