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Private Health Insurance Act 2007
203‑5 Declarations of contravention203‑5 Declarations of contravention
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203‑5 Declarations of contravention
(1) If the Federal Court is satisfied that a private health insurer has contravened an *enforceable obligation, it must make a declaration of contravention.
(2) The declaration must specify:
(a) the *enforceable obligation that was contravened; and
(b) the private health insurer that contravened the provision; and
(c) the conduct that constituted the contravention; and
(d) if the court is satisfied that an *officer of the private health insurer failed to take reasonable steps to prevent the insurer contravening the enforceable obligation—the officer.
(3) A *declaration of contravention is conclusive evidence of the matters mentioned in subsection (2).