164APRA may require person to assist

#### 164 APRA may require person to assist (1) A person commits an offence if: (a) APRA requires, in writing, the person to give all reasonable assistance in connection with an application for: (i) a declaration of contravention in relation to a private health insurer; or (ii) a declaration of contravention that specifies an officer of a private health insurer; or (iii) a civil penalty order in relation to an officer of a private health insurer; and (b) the person fails to comply with the requirement. Penalty: 5 penalty units. > 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) A requirement under subsection (1) is not a legislative instrument. (3) APRA may require a person to assist under subsection (1) only if: (a) it appears to APRA that the person is unlikely to have: (i) contravened the enforceable obligation to which the application relates; or (ii) committed an offence constituted by the same, or substantially the same, conduct as the conduct to which the application relates; and (b) APRA reasonably suspects or believes that the person can give information relevant to the application. (4) APRA cannot require a person to assist under subsection (1) if the person is or has been a lawyer for the person suspected of contravening the enforceable obligation to which the application relates. (5) The Federal Court may order a person to comply with a requirement under subsection (1) in a specified way. Only APRA may apply to the Court for an order under this subsection. (6) For the purposes of this section, it does not matter whether the application mentioned in subsection (1) has actually been made. > Note: Subsection (1) does not abrogate or affect the law relating to legal professional privilege, or any other immunity, privilege or restriction that applies to the disclosure of information, documents or other things.