Private Health Insurance Act 2007
CHAPTER 5
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ENFORCEMENT
PART 5-2
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GENERAL ENFORCEMENT METHODS
Division 203
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Remedies in the Federal Court
SECTION 203-60
MINISTER MAY REQUIRE PERSON TO ASSIST
203-60(1)
The Minister may, in writing, require a person to give all reasonable assistance in connection with: (a) an application:
203-60(2)
(Repealed by No 87 of 2015)
203-60(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 [*]
203-60(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.
203-60(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.
203-60(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.
203-60(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.
The Minister may, in writing, require a person to give all reasonable assistance in connection with: (a) an application:
(i) for a [*]To find definitions of asterisked terms, see the Dictionary in Schedule 1 .
declaration of contravention in relation to a private health insurer; or
(ii) for a declaration of contravention that specifies an [*]To find definitions of asterisked terms, see the Dictionary in Schedule 1 .
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.
(iii) for a pecuniary penalty order under section 203-10 in relation to an officer of a private health insurer; or
The person must comply with the request.
Penalty: 5 penalty units.
View history note
Hide history note203-60(2)
(Repealed by No 87 of 2015)
203-60(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 [*]
To find definitions of asterisked terms, see the Dictionary in Schedule 1 .
enforceable obligation; and (b) the Minister suspects or believes that the person required to assist can give information relevant to the application.203-60(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.
203-60(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.
203-60(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.
203-60(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.