Insurance Act 1973

A person commits an offence if:

the person is a disqualified person; and

the person is or acts as one of the following:

a director or senior manager of a general insurer (other than a foreign general insurer);

a senior manager, or agent in Australia for the purpose of section 118, of a foreign general insurer;

a director or senior manager of an authorised NOHC;

a director or senior manager of a corporate agent; and

for a person who is a disqualified person only because he or she was disqualified under section 25A—the person is disqualified from being or acting as that director, senior manager or agent in Australia (as the case requires).

A person commits an offence if:

the person is a disqualified person; and

the person is or acts as one of the following:

a director or senior manager of a general insurer (other than a foreign general insurer);

a senior manager, or agent in Australia for the purpose of section 118, of a foreign general insurer;

a director or senior manager of an authorised NOHC;

a director or senior manager of a corporate agent; and

for a person who is a disqualified person only because he or she was disqualified under section 25A—the person is disqualified from being or acting as that director, senior manager or agent in Australia (as the case requires).

Subsection (2) is an offence of strict liability.

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

A body corporate commits an offence if:

a person is a disqualified person; and

the person is or acts as one of the following:

if the body corporate is a general insurer (other than a foreign general insurer)—a director or senior manager of the insurer;

if the body corporate is a foreign general insurer—a senior manager, or agent in Australia for the purpose of section 118, of the insurer;

if the body corporate is an authorised NOHC—a director or senior manager of the NOHC;

if the body corporate is a corporate agent—a director or senior manager of the corporate agent; and

for a person who is a disqualified person only because he or she was disqualified under section 25A—the person is disqualified from being or acting as that director, senior manager or agent in Australia (as the case requires); and

in any case—the body corporate allows the person to be or act as a director, senior manager or agent in Australia (as the case requires).

A body corporate commits an offence if:

a person is a disqualified person; and

the person is or acts as one of the following:

if the body corporate is a general insurer (other than a foreign general insurer)—a director or senior manager of the insurer;

if the body corporate is a foreign general insurer—a senior manager, or agent in Australia for the purpose of section 118, of the insurer;

if the body corporate is an authorised NOHC—a director or senior manager of the NOHC;

if the body corporate is a corporate agent—a director or senior manager of the corporate agent; and

for a person who is a disqualified person only because he or she was disqualified under section 25A—the person is disqualified from being or acting as that director, senior manager or agent in Australia (as the case requires); and

in any case—the body corporate allows the person to be or act as a director, senior manager or agent in Australia (as the case requires).

Subsection (5) is an offence of strict liability.

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

A failure to comply with this section does not affect the validity of an appointment or transaction.

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

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

If a body corporate is convicted of an offence against this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty above.