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s 426

Offence—liquidator to give information etc to nominal defendant

In force
Chapter 7MAI insurer licences
Part 7.10MAI insurer licences—insolvent insurers

426 Offence—liquidator to give information etc to nominal defendant

(1)

The liquidator of an insolvent insurer commits an offence if—

(a)

the nominal defendant asks the liquidator, in writing, to give the nominal defendant all documents, or information, in the liquidator’s possession relating to the following:

(i)

MAI policies issued by the insolvent insurer;

(ii)

applications for defined benefits in relation to motor accidents for which the insolvent insurer is the relevant insurer;

(iii)

motor accident claims, or judgments, made in relation to the MAI policies; and

(b)

the liquidator does not give the documents or information to the nominal defendant within 45 days after the day the nominal defendant asks for them.

Maximum penalty: 20 penalty units.

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 330).

(2)

Subsection (1) does not apply to a liquidator if—

(a)

before the end of the 45-day period, the liquidator—

(i)

tells the nominal defendant, in writing, that it is not reasonably practicable to give the nominal defendant the documents or information within the period; and

(ii)

explains why it is not reasonably practicable; and

(b)

the nominal defendant extends the time for providing the documents or information; and

(c)

the liquidator provides the documents or information to the nominal defendant within the extended time.

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