Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p49
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 49/56)
Character Range: 205988–208640

Strict liability applies to subsection (4).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) Nothing in this section is to be taken to have required an insurer to do an act or thing before the day on which this Act commences.

310‑10  Power to request information from insurer
 (1) *APRA may, if it believes on reasonable grounds that a private health insurer is capable of giving information that is relevant to:
 (a) whether the insurer is liable to pay *risk equalisation levy; or
 (b) the amount of risk equalisation levy that the insurer is liable to pay;
request the insurer to give APRA the information or records that are specified in the request, before the end of the period specified in the request.
 (2) The Secretary of the Department may, if he or she believes on reasonable grounds that a private health insurer is capable of giving information that is relevant to:
 (a) whether the insurer is liable to pay *complaints levy; or
 (b) the amount of complaints levy that the insurer is liable to pay;
request the insurer to give him or her the information or records that are specified in the request, before the end of the period specified in the request.
 (3) A request under subsection (1) or (2):
 (a) must be served on the *chief executive officer of the insurer; and
 (b) may require the information to be verified by statutory declaration; and
 (c) must specify the manner in which the information must be given; and
 (d) must contain a statement to the effect that a failure to comply with the request is an offence.
 (4) A private health insurer commits an offence if the insurer fails to comply with a request under subsection (1) or (2).
Penalty: 60 penalty units.
 (5) Strict liability applies to subsection (4).
Note: For strict liability, see section 6.1 of the Criminal Code.

Division 313—Power to enter premises and search for documents related to complaints levy

313‑1  Authorised officer may enter premises with consent
 (1) A person (an authorised officer) who is authorised in writing by the Minister for this purpose may enter any *premises for the purpose of exercising *search powers in relation to *levy‑related documents if:
 (c) the *occupier of the premises consents to the entry; and
 (d) the officer shows the occupier his or her identity card.
 (2) A levy‑related document is a document (including a copy of a document) that contains information relevant to:
 (a) whether a private health insurer is liable to pay *complaints levy; or
 (b) the amount of complaints levy that the insurer is liable to pay.
 (3) Before obtaining the consent of the *occupier, the *authorised officer must