116Private health insurers not to allow disqualified persons to act as officers or appointed actuaries

#### 116 Private health insurers not to allow disqualified persons to act as officers or appointed actuaries (1) A private health insurer commits an offence if: (a) the insurer allows a person to be or to act as an officer, or appointed actuary, of the insurer; and (b) the person is a disqualified person; and (c) if the person is a disqualified person only because of an order under section 120—the person is disqualified from being or acting as that officer or actuary. Penalty: Imprisonment for 12 months or 60 penalty units, or both. > Note: If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above. (2) Subsection (1) does not apply if the private health insurer: (a) contacted APRA within a reasonable period before allowing the person to be to or act as an officer or appointed actuary, as the case may be; and (b) was advised by APRA that the person was not a disqualified person. > Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).