Document ID: chunk:federal_register_of_legislation:C2025C00157:section:60:p1
Version: federal_register_of_legislation:C2025C00157
Segment Type: section
Provision Reference: s 60 (pt 1/2)
Character Range: 170366–172969

60  Report of APRA or the inspector
 (1) The inspector:
 (a) may make one or more reports in writing to APRA during the investigation of the whole or a part of the affairs of a body corporate and shall, if so directed in writing by APRA, make such reports as are specified in the direction; and
 (b) shall, on a completion or termination of the investigation, report in writing to APRA on the result of the investigation.
 (1A) APRA must, on a completion or termination of an investigation made by APRA, make a report in writing on the result of the investigation.
 (2) A report made on the completion of the investigation shall include:
 (a) a statement of the opinion of APRA or the inspector in relation to the ability of the body corporate to meet its liabilities and the facts on which that opinion is based; and
 (b) if the investigation relates to the affairs of a body corporate that is associated with a body corporate (the authorised body corporate) that is a general insurer or authorised NOHC—a statement of the opinion of APRA or inspector in relation to the effect of the association on the ability of the authorised body corporate to meet its liabilities and the facts on which that opinion is based; and
 (c) the recommendations of APRA or the inspector with respect to:
 (i) if the body corporate is a general insurer or authorised NOHC—whether it should continue to be a general insurer or authorised NOHC; and
 (ia) any recapitalisation directions that should be given to the body corporate; and
 (ii) any directions that should be given to the body corporate under section 104; and
 (iii) the question whether the affairs of the body corporate should be reorganized to enable it to meet its liabilities and continue to carry on business and, if so, the way in which they should be reorganized; and
 (iv) such other matters affecting the body corporate or otherwise in the public interest in relation to the insurance or other business carried on by the body corporate as APRA or the inspector thinks fit.
 (3) A report made on the completion of the investigation may include statements of the opinion of APRA or the inspector in relation to the matters referred to in paragraphs (2)(a) and (b) and APRA's or the inspector's recommendations with respect to the matters referred to in paragraph (2)(c).
 (4) APRA or the inspector shall not include in a report a recommendation relating to the institution of criminal proceedings or a statement to the effect that, in APRA or the inspector's opinion, a specified person has committed a criminal offence.
 (4A) If the inspector is of the