INSURANCE ACT 1973 - SECT 62ZZP Obtaining information relevant to determining and paying entitlements

INSURANCE ACT 1973 - SECT 62ZZP

  (1)   APRA may, by written notice given to:

  (a)   a general insurer (whether or not it is a declared general insurer); or

  (b)   a liquidator appointed in connection with the winding up, or proposed winding up, of a general insurer; or

  (c)   a judicial manager of a general insurer; or

  (d)   an administrator appointed under subsection   62ZOA(1) to take control of a general insurer's business; or

  (e)   any other person;

require the general insurer, liquidator, judicial manager, administrator or other person to give a specified person specified information relevant to one or more of the actions described in subsection   (4) in a specified way within a reasonable specified time for the person to use in taking one or more of those actions.

  (2)   The person specified in the requirement must be one of the following:

  (a)   APRA;

  (b)   an APRA member whose duties relate to an action described in subsection   (4);

  (c)   an APRA staff member whose duties relate to an action described in subsection   (4);

  (d)   a person to whom APRA has delegated a power or function under this Part that relates to an action described in subsection   (4);

  (e)   a person who is an officer or employee of a person described in paragraph   (d) and whose duties relate to an action described in subsection   (4).

  (3)   The information specified in the requirement may be or include personal information. This does not limit the information that may be specified in the requirement.

  (4)   The actions are as follows:

  (a)   identifying a person who may have an entitlement under Division   3;

  (b)   determining whether a person has an entitlement under Division   3 (including making a determination under one or both of sections   62ZZI and 62ZZJ);

  (c)   determining the amount of an entitlement under Division   3;

  (d)   meeting an entitlement under Division   3;

  (da)   preparing or giving a statement required by section   62ZZKA;

  (db)   complying with an obligation under a law relating to taxation;

  (e)   assessing whether and how information could be provided by a general insurer (or a liquidator of the general insurer, if one is appointed) to enable the actions described in paragraphs   (a), (b), (c), (da), (db) and (d) to be taken if the general insurer were to become a declared general insurer.