Full legislation
s.15AABA
Revocation of approval under section 15AAAB(2)
(1)
Subject to subsection (4), the Authority may, by a written notice served on an
authorized insurer and the person appointed as the insurer’s actuary under
section 15AAA(1)
(
relevant person
), revoke the approval
under
section 15AAAB(2)
if it appears to the Authority that the relevant
person is not, or is no longer, a fit and proper person to be so
appointed.
(2)
For subsection (1), it does not matter whether the approval
is—
(a)
given on an application made under
section 15AAAB(2
)(
a)
;
or
(b)
taken to be given by virtue of
Part 2 of Schedule 12
.
(3)
The insurer must, by the date specified in the notice under subsection (1),
terminate the appointment.
(4)
Before serving the notice under subsection (1), the Authority must serve on the
authorized insurer and the relevant person a written notice
stating—
(a)
that the Authority is considering the service on the insurer of a notice
under that subsection because it appears to the Authority that the relevant
person is not, or is no longer, a fit and proper person to be appointed as the
insurer’s actuary; and
(b)
the effect of subsection (5).
(5)
The authorized insurer or the relevant person may, within 1 month after the date
of service of the notice under subsection (4
)—
(a)
make written representations to the Authority; and
(b)
if the insurer or the person so requests, make oral representations to a
person appointed for the purpose by the Authority.
(6)
If representations are made under subsection (5), the Authority must take them
into consideration before serving a notice under subsection (1).
(7)
An authorized insurer that contravenes subsection (3) commits an offence and is
liable on
conviction—
(a)
to a fine of $200,000; and
(b)
in the case of a continuing offence—to a further fine of $2,000 for each
day during which the offence continues.