Commonwealth Numbered Acts(1) A private health insurer commits an offence if the insurer allows a * disqualified person to be or to act as a * director or * senior manager of the insurer.
Penalty: 250 penalty units.
(2) Subsection (1) does not apply if the insurer:
(a) contacted the Council within a reasonable period before allowing the person to be to or act as a * director or * senior manager, as the case may be; and
(b) was advised by the Council that the person was not a * disqualified person.
Note: A defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .