Private Health Insurance Act 2007

CHAPTER 3 - COMPLYING HEALTH INSURANCE PRODUCTS  

PART 3-3 - REQUIREMENTS FOR COMPLYING HEALTH INSURANCE PRODUCTS  

Division 84 - Enforcement of this Part  

SECTION 84-1   OFFENCE: ADVERTISING, OFFERING OR INSURING UNDER NON-COMPLYING POLICIES  

84-1(1)    
A person commits an offence if:

(a)    the person:

(i) advertises a ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

product; or

(ii) offers a person insurance under a policy; or

(iii) insures a person under a policy; or

(iv) arranges for another person to do a thing mentioned in subparagraph (i) , (ii) or (iii) ; and

(b)    the insurance under the policy, or under a policy in the product, is ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

health insurance business; and

(c)    the policy is not a ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

complying health insurance policy; and

(d)    the ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

health insurance business is not business of a kind specified in the Private Health Insurance (Complying Product) Rules as excluded from subsection 63-1(1) .

Penalty: 1,000 penalty units or imprisonment for 5 years, or both.

84-1(2)    
In imposing a penalty on a private health insurer for an offence under subsection (1) , the court:

(a)    must have regard to the possible impact of a penalty on the insurer ' s capital adequacy, solvency and the level of premiums for its ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

complying health insurance products; and

(b)    must not impose a penalty if satisfied that doing so would adversely affect the insurer ' s capital adequacy or solvency, or be likely to lead to an increase in premiums for its products.