71Officers etc. not to perform functions etc. while fund is under management

71 Officers etc. not to perform functions etc. while fund is under management

A person commits an offence if: (a) a health benefits fund is under external management or terminating management; and (b) the person is not the manager of the fund; and (c) the person performs or exercises in relation to the fund, or purports to perform or exercise in relation to the fund, a function or power as: (i) an officer of the responsible insurer for the fund; or (ii) an external administrator of any of the assets of the fund; and (d) the person does so without the manager’s written approval; and (e) the function or power is one that the manager has power to exercise or perform.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

Note: If a body corporate is convicted of an offence against this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.