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HEALTH INSURANCE ACT 1973 - SECT 23DZZIN

Application of this Division to an executive officer of a body corporate

  (1)   An executive officer of a body corporate contravenes this subsection if:

  (a)   the body corporate contravenes a civil penalty provision in this Division; and

  (b)   the executive officer knew that the contravention would occur; and

  (c)   the executive officer was in a position to influence the conduct of the body in relation to the contravention; and

  (d)   the executive officer failed to take all reasonable steps to prevent the contravention.

Note:   In making a determination for the purposes of paragraph   (1)(d), a court is to have regard to the matters set out in section   23DZZIH.

  (2)   The maximum civil penalty for a contravention of subsection   (1) is the maximum civil penalty that a Court could impose in respect of an individual for the civil penalty provision contravened by the body corporate.


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