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reg 23

Offence—failure to pay contribution—Act, s 331 (1) (b)

In force
Part 5Nominal defendant
Division 5.2Nominal defendant fund

23 Offence—failure to pay contribution—Act, s 331 (1) (b)

(1)

A licensed insurer commits an offence if—

(a)

a collection notice is in force for the licensed insurer; and

(b)

the licensed insurer does not pay the amount stated in the notice to the nominal defendant fund on or before the due date stated in the collection notice.

Maximum penalty: 20 penalty units.

(2)

An offence against this section is a strict liability offence.

(3)

If the Magistrates Court convicts a licensed insurer, or finds a licensed insurer guilty, of an offence against this section, the court may order the insurer to pay any unpaid amount to the nominal defendant fund.

(4)

An order under subsection (3) is in addition to a penalty imposed for the offence.

(5)

For the enforcement of payment of the order and the calculation of interest in relation to a judgment, the order is taken to be a final judgment of the Magistrates Court for the amount stated in the order.

Part 6 MAI insurer licences

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