Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p9
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 9/56)
Character Range: 104473–107157

an offence if:
 (a) the person:
 (i) advertises a *product; or
 (ii) offers a person insurance under a policy; or
 (iii) insures a person under a policy; or
 (iv) arranges for another person to do a thing mentioned in subparagraph (i), (ii) or (iii); and
 (b) the insurance under the policy, or under a policy in the product, is *health insurance business; and
 (c) the policy is not a *complying health insurance policy; and
 (d) the *health insurance business is not business of a kind specified in the Private Health Insurance (Complying Product) Rules as excluded from subsection 63‑1(1).
Penalty: 1,000 penalty units or imprisonment for 5 years, or both.
 (2) In imposing a penalty on a private health insurer for an offence under subsection (1), the court:
 (a) must have regard to the possible impact of a penalty on the insurer's capital adequacy, solvency and the level of premiums for its *complying health insurance products; and
 (b) must not impose a penalty if satisfied that doing so would adversely affect the insurer's capital adequacy or solvency, or be likely to lead to an increase in premiums for its products.

84‑5  Offence: directors and chief executive officers liable if systems not in place to prevent breaches
  A person commits an offence if:
 (a) the person is a *director or *chief executive officer of a private health insurer; and
 (b) the insurer commits an offence under section 84‑1; and
 (c) the person failed to exercise due diligence to ensure that adequate systems were in place to prevent the insurer from committing the offence.
Penalty: 1,000 penalty units or imprisonment for 5 years, or both.

84‑10  Injunction in relation to non‑complying policies
 (1) If a private health insurer has engaged, is engaging, or is proposing to engage, in conduct:
 (a) that contravenes or would contravene section 63‑1; or
 (b) that is or that would be an offence against section 84‑1;
the Federal Court may, on application by a person mentioned in subsection (3), grant an injunction restraining the insurer from engaging in the conduct.
 (2) If:
 (a) a private health insurer has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do a thing; and
 (b) the refusal or failure:
 (i) contravenes or would contravene section 63‑1; or
 (ii) is or would be an offence against section 84‑1;
the Federal Court may, on application by a person mentioned in subsection (3), grant an injunction requiring the insurer to do the thing.
 (3) For the purposes of subsections (1) and (2), an application may be made by:
 (a) the Minister; or
 (c) any other person.
 (4) The court may grant an interim injunction pending the determination of