Document ID: chunk:federal_register_of_legislation:C2005C00239:clause:1_73bec
Version: federal_register_of_legislation:C2005C00239
Segment Type: clause
Provision Reference: sch 1 cl 73BEC
Character Range: 22040–24030

73BEC  Consequences of a failure to provide a satisfactory explanation

 (1) On receipt of an explanation from a registered organization the Minister must, as soon as practicable, consider the explanation and inform the organization either:
 (a) that the Minister is satisfied with the explanation; or
 (b) that the Minister is not satisfied with the explanation and proposes to take a specified course of action.

 (2) Subject to subsection (3), the courses of action that the Minister may specify are any of the following:
 (a) to conduct an investigation of the operations of the organization under Subdivision B;
 (b) to request the organization to commit to an enforceable undertaking in terms satisfactory to the Minister under Subdivision C;
 (c) to give the organization a direction under Subdivision D;
 (d) to impose a further condition to which the registration of the organization is subject under section 73B;
 (e) if the circumstances set out in Subdivision E apply—under section 14A‑1 of the Private Health Insurance Incentives Act 1998, to revoke the status of the organization as a participating fund;
 (f) to apply to the Court for an order requiring the organization to undertake particular action by way of redressing a breach of the Act or for an order imposing a pecuniary penalty on an officer of the organization under Subdivision F;
 (g) to take action under Part VIA.

 (3) The Minister:
 (a) may specify a course of action set out in paragraph (2)(b), (c) or (d) in relation to a registered organization whether or not the Minister is satisfied, having regard to the explanation and to any other relevant information known to the Minister, that the organization has breached, or is likely to have breached, the Act; but
 (b) must not specify a course of action set out in paragraph (2)(e), (f) or (g) unless, having regard to such explanation and information, the Minister is satisfied that the organization has breached the Act.

Subdivision B—Investigations