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COMMONWEALTHAct
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s 20

Breach of conditions on a NOHC authorisation

In force
Part IIIAuthorisation to carry on insurance business
Division 4Authorisation to be a NOHC of a general insurer

20 Breach of conditions on a NOHC authorisation

(1)

An authorised NOHC commits an offence if:

(a)

the NOHC does an act or fails to do an act; and

(b)

doing the act or failing to do the act results in a contravention of a condition of the NOHC authorisation; and

(c)

there is no determination in force under subsection 7(1) that this subsection does not apply to the NOHC.

Penalty: 300 penalty units.

(1A)

If an individual:

(a)

commits an offence against subsection (1) because of Part 2.4 of the Criminal Code; or

(b)

commits an offence under Part 2.4 of the Criminal Code in relation to an offence against subsection (1);

he or she is punishable, on conviction, by a fine not exceeding 60 penalty units.

(2)

An offence against this section is an offence of strict liability.

Note 1:

For strict liability, see section 6.1 of the Criminal Code.

Note 2:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

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