INSURANCE ACT 1973 - SECT 115A Access to premises
INSURANCE ACT 1973 - SECT 115A
Access to premises(1) For the purpose of ascertaining whether a body corporate that is a general insurer, authorised NOHC or the subsidiary of a general insurer or authorised NOHC has contravened or failed to comply with the provisions of the relevant legislation, an authorized person may, with the consent of the occupier of any premises, enter the premises for the purpose of searching for, inspecting, taking extracts from and making copies of any books of the body corporate.
(2) Where an authorized person has reason to believe that:
(a) a body corporate that is a general insurer, authorised NOHC or the subsidiary of a general insurer or authorised NOHC has contravened or failed to comply with the provisions of the relevant legislation; and
(b) there are, on any premises, books of the body corporate;
the authorized person may make an application to a magistrate for a warrant authorizing the authorized person to enter the premises for the purpose of searching for, inspecting, taking extracts from and making copies of any books of the body corporate.
(3) If, on an application under subsection (2), the magistrate is satisfied by information on oath or affirmation:
(a) that there is reasonable ground for believing that:
(i) the body corporate has contravened or failed to comply with the provisions of the relevant legislation; and
(ii) there are, on the premises, books of the body corporate; and
(b) that the issue of the warrant is reasonably required for the purposes of the relevant legislation;
the magistrate may grant a warrant authorizing the authorized person, with such assistance as the authorized person thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, and if necessary by force, for the purpose of searching for, inspecting, taking extracts from and making copies of any such books.
(4) Where an authorized person has entered any premises in pursuance of subsection (1) or in pursuance of a warrant granted under subsection (3), he or she may search for, inspect, take extracts from and make copies of any books of the body corporate.
"authorized person" means APRA or a person authorized by APRA, in writing, for the purposes of this section.
(b) the Financial Sector (Collection of Data) Act 2001 ; or
(c) Part 2 of the
Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 .