Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p33
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 33/56)
Character Range: 166149–168881

(iii) for a pecuniary penalty order under section 203‑10 in relation to an officer of a private health insurer; or
 (b) criminal proceedings against a private health insurer, or an officer of a private health insurer, for an offence against this Act.
The person must comply with the request.
Penalty: 5 penalty units.
 (3) The Minister must not require the person to assist in connection with an application for a declaration or order unless:
 (a) it appears to the Minister that someone other than the person required to assist may have contravened an *enforceable obligation; and
 (b) the Minister suspects or believes that the person required to assist can give information relevant to the application.
 (4) The Minister must not require the person to assist in connection with criminal proceedings unless:
 (a) it appears to the Minister that the person required to assist is unlikely to be a defendant in the proceedings; and
 (b) the person required to assist is an employee or agent (including a banker or auditor) of the private health insurer concerned.
 (5) The Minister may require the person to assist regardless of whether:
 (a) an application for the declaration or order has actually been made; or
 (b) criminal proceedings for the offence have actually begun.
 (6) The person cannot be required to assist if the person is or has been a lawyer for:
 (a) in an application for a declaration or order—the person suspected of the contravention; or
 (b) in criminal proceedings—a defendant or likely defendant in the proceedings.
 (7) The Federal Court may order the person to comply with the requirement in a specified way. Only the Minister may apply to the court for an order under this subsection.

203‑65  Relief from liability for contravening an enforceable obligation
 (1) If, in proceedings brought against a person under this Division, it appears to the Federal Court that:
 (a) the person has, or may have:
 (i) contravened an *enforceable obligation; or
 (ii) if the person is an *officer of a private health insurer—failed to take reasonable steps to prevent the insurer from contravening an enforceable obligation; but
 (b) the person has acted honestly and, having regard to all the circumstances of the case, the person ought fairly to be excused for the contravention;
the court may relieve the person either wholly or partly from a liability to which the person would otherwise be subject, or that might otherwise be imposed on the person, because of the contravention.
 (2) A person who thinks that proceedings will or may be begun against the person under this Division may apply to the Federal Court for relief.
 (3) On an application under subsection (2), the court may grant relief under subsection