INSURANCE CONTRACTS ACT 1984 - SECT 75A Declaration of contravention of civil penalty provision

INSURANCE CONTRACTS ACT 1984 - SECT 75A

Application for declaration of contravention

  (1)   ASIC may apply to a relevant court for a declaration that the person contravened the provision.

  (2)   ASIC must make the application within 6 years of the alleged contravention.

Declaration of contravention

  (3)   The court must make the declaration if it is satisfied that the person has contravened the provision.

  (4)   The declaration must specify the following:

  (a)   the court that made the declaration;

  (b)   the civil penalty provision that was contravened;

  (c)   the person who contravened the provision;

  (d)   the conduct that constituted the contravention.

Declaration of contravention conclusive evidence

  (5)   The declaration is conclusive evidence of the matters referred to in subsection   (4).