Document ID: chunk:federal_register_of_legislation:C2005C00239:clause:1_82zsaa:p2
Version: federal_register_of_legislation:C2005C00239
Segment Type: clause
Provision Reference: sch 1 cl 82ZSAA (pt 2/2)
Character Range: 49099–50590

(b) refuse to extend the period and indicate the reasons for the refusal.

 (7) The Health Insurance Ombudsman must not request the production under subsection (1), (2) or (3) of records that relate to a registered organization's dealings with a particular complainant unless the complainant agrees to the production of those records.

 (8) An officer of a registered organization must not fail to comply with a request made of the officer under subsection (1), (2) or (3).

Penalty for an offence against this subsection: 10 penalty units.

 (9) An offence against subsection (8) is an offence of strict liability.

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

 (10) An officer of a registered organization is not excused from producing a record when required to do so under subsection (1), (2) or (3) on the ground that the production of the record might tend to incriminate the officer or make the officer liable to a penalty. However, the production of the record, or anything obtained as a direct or indirect consequence of the production, is not admissible in evidence against the officer in any proceedings, other than proceedings for an offence against subsection (11).

 (11) A person must not produce a record to the Health Insurance Ombudsman in accordance with a request made under subsection (1), (2) or (3) knowing that the record is false or misleading in a material particular.

Penalty for an offence against this subsection: Imprisonment for 6 months.