PRIVATE HEALTH INSURANCE (PRUDENTIAL SUPERVISION) ACT 2015 - SECT 156 Civil penalty order
PRIVATE HEALTH INSURANCE (PRUDENTIAL SUPERVISION) ACT 2015 - SECT 156
Civil penalty order(1) If the Federal Court has made a declaration of contravention that specifies an officer of a private health insurer (see paragraph 155(2)(d)), the Court may order the officer to pay the Commonwealth a pecuniary penalty of up to 1,000 penalty units.
(2) An order under subsection (1) is a civil penalty order .
(3) The Federal Court must not make a civil penalty order if it is satisfied that a court has ordered the officer to pay damages in the nature of punitive damages in respect of:
(a) the contravention of the enforceable obligation; or
(b) the officer's failure to take reasonable steps to prevent the insurer contravening the enforceable obligation.
(4) The pecuniary penalty is a civil debt payable to the Commonwealth.
(5) The Commonwealth may enforce the order as if it were an
order made in civil proceedings against the officer to recover a debt due by
the officer. The debt arising from the order is taken to be a judgment debt.