INSURANCE CONTRACTS ACT 1984 - SECT 11D Supervisory powers--ASIC may review administrative arrangements etc.

INSURANCE CONTRACTS ACT 1984 - SECT 11D

  (1)   ASIC may, for any purpose connected with the general administration of the relevant legislation, by notice in writing given to an insurer, require the insurer to give to ASIC, within 30 days of receipt of the notice or such longer period as is specified in the notice:

  (a)   written particulars of the organisational structure and administrative arrangements of the insurer either generally or in a particular area of insurance; or

  (b)   statistics relating to the nature and volume of the insurance business of the insurer either generally or in a particular area of insurance; or

  (c)   copies of any training guides, work manuals or other materials of a similar nature used by an insurer in instructing its employees or any insurance intermediaries dealing with persons who have, or may be likely to seek, insurance cover from the insurer.

  (2)   An insurer must not, intentionally or recklessly, give ASIC, in purported compliance with a requirement under subsection   (1), particulars or statistics that are false or misleading in a material particular.

Penalty:   150 penalty units.

Note:   For the liability of a director, employee or agent of an insurer, see section   11DA.

  (3)   An insurer must not fail, without reasonable excuse, to comply with the requirements of a notice under subsection   (1).

Penalty:   150 penalty units.

Note:   For the liability of a director, employee or agent of an insurer, see section   11DA.

  (3A)   An offence against subsection   (3) is a strict liability offence.

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

  (4)   Subsection   (1) does not require an insurer to give ASIC a copy of any document or any information:

  (a)   that reveals the identity of a particular insured or third party claimant; or

  (b)   from which the identity of a particular insured or third party claimant can be deduced.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (4), see subsection   13.3(3) of the Criminal Code .

  (5)   It is a reasonable excuse for an insurer to refuse or fail to comply with the requirements of a notice under subsection   (1) if to do so would tend to incriminate the insurer.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (5), see subsection   13.3(3) of the Criminal Code .

  (6)   In this section:

"third party claimant" means a person, other than the insured, who is, or might be, entitled to make a claim under a contract of insurance.