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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 87ZC
Appointment of investigator
87ZC Appointment of investigator
(1) If the commission considers it desirable in the public interest, the
commission may appoint an investigator to investigate the affairs of an
insurer that is, or has been, licensed under this Act. Note— See also
section 87ZE .
(2) Also, the commission may appoint an investigator to
investigate the relevant affairs of either of the following entities— (a) a
law practice or lawyer that is acting or has acted for a claimant;
(b) an
entity prescribed by regulation for this section.
(3) The commission may
appoint an investigator under subsection (2) if the commission reasonably
suspects that section 74 (1) or (2) or 75 may have been contravened by the
investigated person or an associated person for the investigated person.
(4)
The commission may, by written instrument, appoint any of the following
persons as an investigator— (a) an Australian legal practitioner;
(b) a
qualified accountant;
(c) another appropriately qualified person.
(5) The
instrument of appointment must state the terms of appointment and the matters
into which the investigation is to be made.
(6) The instrument of appointment
may state a period within which the investigation must be completed.
(7) The
commission may, by written notice given to the investigator— (a) amend the
instrument of appointment; or
(b) end the appointment.
(8) In this
section—
"Australian legal practitioner" see the Legal Profession Act 2007 , section 6
.
"qualified accountant" means— (a) a member of CPA Australia Ltd ACN 008 392
452 who is entitled to use the letters ‘CPA’ or ‘FCPA’; or
(b) a
member of Chartered Accountants Australia and New Zealand ARBN 084 642 571 who
is entitled to use the letters ‘CA’ or ‘FCA’; or
(c) a member of the
Institute of Public Accountants Ltd ACN 004 130 643 who is entitled to use the
words ‘MIPA’ or ‘FIPA’.
"relevant affairs" , of an investigated person, means matters relating to how
the investigated person received or was referred instructions for a claim, and
how the investigated person gave or referred instructions for a claim, and
includes a transaction involving the investigated person or an associated
person for the investigated person relevant to the receipt or referral of
instructions.
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