Document ID: chunk:federal_register_of_legislation:C2004A01154:clause:1_83j
Version: federal_register_of_legislation:C2004A01154
Segment Type: clause
Provision Reference: sch 1 cl 83J
Character Range: 19508–21141

83J  Council may request information from organization

 (1) If the Council believes on reasonable grounds that a registered health benefits organization is capable of giving information that is relevant to:
 (a) whether the organization is liable to pay a private health insurance levy; or
 (b) the amount of the private health insurance levy that the organization is liable to pay;
the Council may request the organization to the give the Council the information.

 (2) Without limiting subsection (1), the Council may request an organization to give the information by giving the Council a record, or a copy of a record, kept under section 83I.

 (3) The request:
 (a) must be made in writing; and
 (b) must be served on the public officer of the organization; and
 (c) must state what information must be given to the Council; and
 (d) may require the information to be verified by statutory declaration; and
 (e) must specify the day on or before which the information must be given; and
 (f) must specify the manner in which the information must be given; and
 (g) must contain a statement to the effect that a failure to comply with the request is an offence.
The day specified under paragraph (e) must be at least 14 days after the day on which the request is made.

 (4) A registered health benefits organization commits an offence if the organization fails to comply with the request.

Penalty: 60 penalty units.

 (5) The offence created by subsection (4) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Division 4—Power to enter premises and search for documents