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COMMONWEALTHAct
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s 62D

Persons to comply with requirements of APRA or the inspector

In force
Part VAInvestigations of unauthorised insurance

62D Persons to comply with requirements of APRA or the inspector

(1)

A person commits an offence if:

(a)

a requirement of APRA or the inspector under section 62C is applicable to the person; and

(b)

the person refuses or fails to comply with the requirement to the extent to which the person is able to comply with it.

Penalty: 50 penalty units or imprisonment for 3 months, or both.

(2)

A person is not excused from complying with a requirement under section 62C on the ground that doing so might tend to incriminate the person.

(3)

However, if the person is:

(a)

an individual; and

(b)

is required to answer questions under section 62C; and

(c)

before answering the questions, the person informs APRA or the inspector that doing so might tend to incriminate him or her;

the questions or answers are not admissible in evidence against him or her in criminal proceedings other than a prosecution for:

(d)

an offence against subsection (1); or

(e)

an offence against section 137.1 or 137.2 of the Criminal Code that relates to this section.

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