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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.