Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p28
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 28/56)
Character Range: 153463–156198

the ground that the answer to the question might tend to incriminate the person or make the person liable to a penalty. However, the answer, or anything obtained as a direct or indirect consequence of the answer, is not admissible in evidence against the person in any proceedings, other than proceedings for an offence against section 137.1 or 137.2 of the Criminal Code.

194‑20  Offences in relation to investigation notices
 (1) A person must not fail to comply with a requirement contained in a notice given to the person:
 (a) under section 194‑5 (notice to give information); or
 (b) under section 194‑10 (notice to produce documents); or
 (c) under section 194‑15 (notice to give evidence).
Penalty: 10 penalty units.
 (2) A person must not fail to be sworn or to make an affirmation when required to do so:
 (a) under section 194‑5 (notice to give information); or
 (b) under section 194‑15 (notice to give evidence).
Penalty: 10 penalty units.
 (3) An offence under subsection (1) or (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

194‑25  Authorisation to examine books and records etc.
 (1) The Minister may, in writing, authorise a person to examine and report on the records, books, accounts and other documents of:
 (a) a private health insurer; or
 (b) an entity that was a private health insurer at any time in the year ending on the day on which the authorisation is given.
 (2) A person authorised under subsection (1) must, at all reasonable times, have full and free access to any *premises at which the records, books, accounts and other documents are kept and may take extracts from, or copies of, the records, books, accounts and other documents.

194‑35  Minister must notify outcome of investigation
  After completing an investigation under this Division of a private health insurer or former private health insurer, the Minister must inform the insurer in writing:
 (a) whether the Minister is or is not satisfied with the performance of the insurer; and
 (b) if the Minister is not satisfied with the performance of the insurer—what steps the Minister intends to take.

Division 197—Enforceable undertakings

197‑1  Minister may accept written undertakings given by a private health insurer
 (1) The Minister may accept a written undertaking, given by a private health insurer at the Minister's request, if the Minister considers that compliance with the undertaking will:
 (a) be likely to improve the performance of the insurer in relation to one or more matters of a kind regulated by this Act; or
 (b) if the Minister is satisfied that the insurer has contravened an *enforceable obligation—be likely to ensure that the insurer will cease to be