EMERGENCY SERVICES LEVY INSURANCE MONITOR ACT 2016 - As at 1 July 2020 - Act 23 of 2016

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions
• 4 Involvement in prohibited conduct

PART 2 - EMERGENCY SERVICES LEVY INSURANCE MONITOR

Division 1 - Appointment of Monitor

• 5 Emergency Services Levy Insurance Monitor
• 6 Deputy Emergency Services Levy Insurance Monitor
• 7 Independence of Monitor
• 8 Staff of Monitor

Division 2 - Functions of Monitor

• 9 General functions
• 10 Price monitoring
• 11 Reports
• 12 Delegation
• 13 Incidental powers

PART 3 - CONDUCT RELATING TO EMERGENCY SERVICES LEVY REFORM

Division 1 - Prohibited conduct

• 14 Price exploitation
• 15 False or misleading conduct
• 16 Contravention notices--price exploitation
• 17 Prevention notices--price exploitation
• 18 Orders relating to prohibited conduct
• 19 Other orders
• 20 Nature of proceedings
• 21 Guidelines relating to prohibited conduct

Division 2 - Substantiation notices

• 22 Monitor may require claims to be substantiated
• 23 Extending period for complying with substantiation notices
• 24 Compliance with substantiation notices

Division 3 - Complaints

• 25 Making of complaints
• 26 Dealing with complaints

Division 4 - Inquiries

• 27 Inquiries
• 28 Procedures at inquiries
• 29 Public inquiries

Division 5 - Miscellaneous

• 30 Notice relating to emergency services levy reform
• 31 Public warning statements

PART 3A - INVESTIGATION OF OVERCHARGING

• 31A Definitions
• 31B Monitor to investigate over-collection amounts
• 31C Liability for over-collection amount under the scheme
• 31CA Liability for an over-collection amount in transition period
• 31D Monitor to assess over-collection amount
• 31E Notice of assessment to be given to insurance company
• 31F Objections to assessments
• 31G Monitor to decide objection
• 31H Refund undertakings by insurance companies
• 31I Referral of amount to Chief Commissioner for debt recovery actions
• 31J Issue of debt recovery order by Chief Commissioner
• 31K Insurance company must pay over-collection amount

PART 4 - LEGAL PROCEEDINGS

Division 1 - Proceedings for offences

• 32 Nature of proceedings for offences
• 33 Persons who may commence proceedings
34. (Repealed)

Division 2 - Enforceable undertakings

• 35 Undertakings
• 36 Enforcement of undertakings
• 37 Register of undertakings

Division 3 - Injunctions

• 38 Injunctions
• 39 Consent injunctions
• 40 Interim injunctions
• 41 Power to rescind or vary injunctions

Division 4 - Compensation orders

• 42 Compensation orders
• 43 Compensation orders in respect of class of persons
• 44 Effect of compensation orders in respect of class of persons
• 45 Applications for orders
• 46 Kinds of orders that may be made
• 47 Power of court to make orders
• 48 Interaction with other provisions

Division 5 - Evidentiary provisions

• 49 Proof of certain appointments not required
• 50 Documentary evidence generally
• 51 Certificate evidence of certain matters

PART 5 - INVESTIGATION AND ENFORCEMENT POWERS

Division 1 - Preliminary

• 52 Definition
• 53 Purposes for which powers under Part may be exercised
• 54 Effect on other functions
• 55 Appointment and identification of inspectors

Division 2 - Powers to require information or records

• 56 Application of Division
• 57 Requirement to provide information and records
• 58 Provisions relating to records

Division 3 - Powers of entry and search of premises

• 59 Power to enter premises
• 60 Entry into residential premises only with permission or warrant
• 61 Powers to inspect and seize things
• 62 Search warrants
• 63 Assistance to be given to inspectors
• 64 Dealing with seized things

Division 4 - Power to question persons

• 65 Power of inspectors to require answers

Division 5 - Miscellaneous

• 66 Offences under this Part
• 67 Provisions relating to requirements to furnish records, information or answer questions
• 68 Entry to be reported to Monitor
• 69 Register of exercise of powers of entry
• 70 Complaints relating to powers of entry and search of premises

PART 6 - MISCELLANEOUS

• 71 Expenditure of Monitor
• 72 Emergency Services Levy Insurance Monitor Fund
• 73 Act to bind Crown
• 74 Protection from liability
• 75 Exchange of information
• 76 Disclosure of information
• 77 Service of documents
• 78 Regulations
• 79 Repeal of Act
• SCHEDULE 1
• SCHEDULE 2
Schedule 3 (Repealed)