New South Wales Consolidated Acts

FIRE BRIGADES ACT 1989 - SECT 58

58 Returns by insurance companies

(1) An insurance company must, by 30 September in each financial year or another date specified by the Commissioner in a notice published in the Gazette, give to the Commissioner:

(a) a return in the form approved by the Commissioner showing the total amount of premiums received by or due to the company for the previous financial year for relevant insurance, and

(b) a certificate from an auditor that relates to the return and complies with subsection (2).

(2) The certificate from the auditor must:

(a) be in the form approved by the Commissioner, and

(b) be from an auditor who is:

(i) a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth, or

(ii) a person not resident in the State who has qualifications that, in the Commissioner’s opinion, are appropriate for the giving of the certificate.

(3) An insurance company that ceases to receive, and to be entitled to receive, premiums for relevant insurance must, within 30 days of ceasing to receive and being entitled to receive the premiums, give the Commissioner written notice of that fact.

(4) If the Commissioner receives a notice under subsection (3) from an insurance company:

(a) before 31 March in a financial year, the insurance company is not discharged from its liability to pay any fire brigade contribution instalments for the financial year of which the company has already been given notice by the Commissioner, or

(b) on or after 31 March in a financial year, the insurance company is not discharged from its liability to pay any fire brigade contribution instalments of which the company has already been given notice by the Commissioner.

(5) An insurance company is guilty of an offence if it:

(a) fails to give the Commissioner a return or written notice as required by this section, or

(b) gives the Commissioner a return that is false or misleading in a material particular.

Maximum penalty: 20 penalty units.