Commonwealth Numbered Acts Commonwealth Numbered ActsCertificate for the insured person
(1) A private health insurer (the old insurer ) must, if a person ceases to be insured under a * complying private health insurance policy of the insurer and does not become insured under another policy of the insurer, give the person a certificate under this subsection:
(a) in the * approved form; and
(b) within the period set out in the Private Health Insurance (Complying Product) Rules.
Certificate for the new insurer
(2) A private health insurer (the new insurer ) must request a certificate from an old insurer if:
(a) a person who is or has been insured under a * complying health insurance policy of the old insurer * transfers to a complying health insurance policy of the new insurer; and
(b) the person does not give the new insurer the certificate the old insurer gave the person under subsection (1) within 7 days of becoming insured by the new insurer.
The request must be made:
(c) in the * approved form; and
(d) within the period set out in the Private Health Insurance (Complying Product) Rules.
(2A) A private health insurer must not request a certificate except in the circumstances set out in subsection (2).
(3) If a certificate is requested by the new insurer (whether or not the request is in the * approved form or made within the period mentioned in paragraph (2)(d)), the old insurer must give the new insurer a certificate:
(a) in the approved form; and
(b) within the period set out in the Private Health Insurance (Complying Product) Rules.
Offence
(4) A private health insurer commits an offence if:
(a) the insurer is required to do a thing under subsection (1), (2) or (3); and
(b) the insurer does not do the thing.
Penalty: 60 penalty units.
(5) Strict liability applies to subsection (4).
Note: For strict liability , see section 6.1 of the Criminal Code .