37Monitor to decide objection

37 Monitor to decide objection

37 Monitor to decide objection

(1) The Monitor must—

(a) consider an objection to an assessment, if the objection is made by the insurance company in accordance with section 36, and

(b) decide to either—

(i) allow the objection in whole or in part, or

(ii) disallow the objection.

(2) If the Monitor delegates the functions conferred by this section, the delegate who considers the objection must be a different person from, and not subordinate to, the person who made the decision against which the objection is lodged.

(3) The Monitor must, as soon as practicable after making the decision about the objection, give written notice to the insurance company of the decision.

(4) The Monitor may issue a reassessment for the purpose of giving effect to a decision to allow an objection in whole or in part.

(5) A reassessment is not open to objection by an insurance company if the reassessment is made for the purpose of giving effect to a decision to allow an objection in whole or in part.

(6) If an objection to an assessment is duly made to the Monitor, the Monitor is not to refer the over-collection amount to the Chief Commissioner for debt recovery action—

(a) while the objection is pending before the Monitor, or

(b) before the period of 7 days has elapsed from the time notice of the Monitor’s decision on the objection is given to the insurance company.