105MImposition of civil penalty on or censure of licence holder

#### 105M Imposition of civil penalty on or censure of licence holder 105M Imposition of civil penalty on or censure of licence holder > > (1) If the Authority is satisfied that a licence holder has contravened its licence or this Act or the regulations, the Authority may— > > > > > (a) impose a civil penalty on the holder not exceeding $110,000, or > > > > > (b) issue a letter of censure to the holder. > > > (2) An action under subsection (1) may be taken against a licence holder instead of suspending the holder’s licence. > > > (3) Before imposing a civil penalty, the Authority is required to refer the matter to a special committee for advice and to consider any advice provided by the committee. > > > (4) Any such special committee— > > > > > (a) is to comprise the Chairperson of the Board of the Authority, a nominee of the Insurance Council of Australia Limited and another member nominated jointly by the Authority and that Council, and > > > > > (b) is required to give the licence holder concerned an opportunity to make written submissions with respect to the alleged contravention, but is not required to conduct a hearing into the matter. > > > > If that Council fails to make a nomination for the purposes of constituting any such special committee within the time required by the Authority, the Minister may make that nomination on its behalf. > > > (5) A civil penalty that has been imposed under this section may be recovered by the Authority in a court of competent jurisdiction as a debt due to the Authority. > > > (6) A civil penalty that is paid or recovered is payable into the Home Building Operational Fund. > > > (7) Subsection (2) does not apply to the Self Insurance Corporation. > > **ss 105A–105R:** Ins 2017 No 28, Sch 1 \[61\].