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s 427

Offence—liquidator to allow inspection of documents

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

427 Offence—liquidator to allow inspection of documents

(1)

The liquidator of an insolvent insurer commits an offence if—

(a)

a person authorised by the Minister asks the liquidator to make available for inspection by the person all documents in the liquidator’s possession relating to—

(i)

MAI policies issued by the insolvent insurer; or

(ii)

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

(iii)

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

(b)

the liquidator does not make the documents available to the person within 45 days after the day the person 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)

in writing, tells the person authorised that it is not reasonably practicable to give the person the documents within the period; and

(ii)

explains why it is not reasonably practicable; and

(b)

the person extends the time for providing the documents; and

(c)

the liquidator makes the documents available to the person within the extended time.

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