Document ID: chunk:federal_register_of_legislation:C2004A03764:body:0:p14
Version: federal_register_of_legislation:C2004A03764
Segment Type: other
Provision Reference: 
Character Range: 33756–36589

included in the form.
    "(2c) If the company lodges a statement for the purposes of subsection (2b) that the company believes, on reasonable grounds, to comply with the requirements of that subsection, the company shall be taken to have complied with that subsection even if the statement does not comply with the requirements of that subsection.";
     (b) by inserting in subsection (3) "record," after "abstract" (last occurring).

34. (1) Before section 54 of the Principal Act the following section is inserted in Division 7 of Part III:

Interpretation
"53a. In this Division:
     'officer', in relation to a company, means a person who is, or has been, an officer of the company and includes a person who is or has been:
         (a) a director, secretary or employee of the company;
         (c) a person acting as actuary for the company;
         (d) an auditor or agent of the company; or
         (e) a shareholder of the company.".
(2) Section 53a of the Principal Act is amended by inserting after paragraph (a) of the definition of "officer" the following paragraph:
     "(b) the appointed actuary of the company;".

Power to require production of books
35. Section 54a of the Principal Act is amended by omitting subsection (4).

Power to obtain information
36. Section 56 of the Principal Act is amended by omitting paragraph (1) (b) and substituting the following paragraph:
     "(b) may examine on oath or affirmation, in relation to the company's business:
         (i) an officer of the company; or

         (ii) any person who is, or has at any time been, the owner of a policy issued by the company or the personal representative of the owner; and".

Certain forms to be submitted for approval
37. Section 77 of the Principal Act is amended by omitting from subsection (2) "contains anything" and substituting "is".

Premium rates
38. (1) Section 78 of the Principal Act is amended:
     (a) by omitting from subsection (1) "an actuary" and substituting "the appointed actuary";
     (b) by omitting from subsection (2) "an actuary" and substituting "the appointed actuary";
     (c) by omitting from subsection (2) "the actuary" (wherever occurring) and substituting "the appointed actuary";
     (d) by inserting in subsection (3) "appointed" before "actuary";
     (e) by omitting from subsection (4) "An actuary" and substituting "The appointed actuary".
(2) The amendment made by paragraph (1) (a) (and the amendment made by paragraph (1) (e), insofar as that amendment relates to an approval under subsection 78 (1) of the Principal Act) does not apply in relation to a rate approved before the commencement of this section.
(3) The amendments made by paragraphs (1) (b), (c) and (d) (and the amendment made by paragraph (1) (e), insofar as that amendment relates to an approval under subsection 78