APRA may require a person to give information etc. for the purposes of this Division
62ZOI APRA may require a person to give information etc. for the purposes of this Division
APRA may require person to give information etc.
APRA may require a person, by written notice given to the person, to give APRA information, or documents containing information, relating to the business of a body corporate that has an Insurance Act statutory manager if:
in a case where the Insurance Act statutory manager is APRA:
APRA believes, on reasonable grounds, that the person has such information or documents; and
APRA requires the information or documents for the purposes of this Division; and
in a case where the Insurance Act statutory manager is not APRA:
the Insurance Act statutory manager requests, in writing, that APRA require the person to give the information or documents under this subsection; and
APRA believes, on reasonable grounds, that the person has such information or documents; and
APRA is satisfied that the Insurance Act statutory manager requires the information or documents for the purposes of this Division.
The notice:
must specify a period within which the information or documents must be given to APRA; and
may specify the form and manner in which the information or documents must be given to APRA.
The period specified under paragraph (2)(a) must be reasonable in all the circumstances.
Offence
A person commits an offence if:
APRA requires the person to give APRA information or documents under subsection (1); and
the person refuses or fails to give the information or documents as required.
Penalty: Imprisonment for 12 months or 50 penalty units, or both.
Self‑incrimination
A person is not excused from complying with a requirement under subsection (1) to give information or documents on the ground that doing so would tend to incriminate the individual or make the individual liable to a penalty.
However, in the case of an individual:
the information or document given; and
giving the information or document; and
any information, document or thing obtained as a direct or indirect consequence of giving the information or document;
are not admissible in evidence against the individual in a criminal proceeding or a proceeding for the imposition of a penalty, other than a proceeding in respect of the falsity of the information or document.
Section 62ZOD not limited
This section does not limit section 62ZOD.
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