Page 118 - Week 01 - Tuesday, 12 February 2008
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
(f) another ground prescribed by regulation.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2) However, subsection (1) (a), (b) and (c) apply to a former licensed insurer only in relation to anything that happened while the person was licensed.
Note The grounds in s (1) (a), (b) and (c) are also the grounds for licence suspension under s 187.
193A CTP regulator may refer matter to tribunal
(1) This section applies if the CTP regulator believes on reasonable grounds that a ground for disciplinary action exists in relation to a licensed insurer.
(2) The CTP regulator may apply to the consumer and trader tribunal for the tribunal to take disciplinary action against the licensed insurer.
Note An Act may provide for an application to be made to the consumer and trader tribunal for disciplinary action to be taken against a person (see Consumer and Trader Tribunal Act 2003, s 15).
193B Disciplinary action tribunal may take
(1) On application by the CTP regulator, the consumer and trader tribunal may take disciplinary action against the licensed insurer that the consumer and trader tribunal may take under the Consumer and Trader Tribunal Act 2003.
Examples—disciplinary action consumer and trader tribunal may take under Consumer and Trader Tribunal Act 2003
1 reprimand the person (see s 46 (1) (b))
2 order the person to give a written undertaking (see s 46 (1) (c))
3 direct the CTP regulator to place a condition on the person’s licence, or to remove or amend a condition on the person’s licence (see s 46 (1) (d))
4 give the person a direction (see s 46 (1) (e))
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) However, in taking disciplinary action against a licensed insurer under the Consumer and Trader Tribunal Act 2003—
(a) a reference to the commissioner is taken to be a reference to the CTP regulator; and
(b) the reference in section 46 (1) (a) (Other disciplinary action) to—
(i) $1 000 is taken to be a reference to $10 000; and
(ii) $5 000 is taken to be a reference to $50 000.
(3) Also, if a licensed insurer is convicted of an offence under section 181 (Offence—contravening licence condition) in relation to an act or omission, the consumer and trader tribunal must not order the licensed insurer to pay an amount to the Territory or someone else under the Consumer and Trader Tribunal Act 2003, section 46 (1) (a) in relation to the same act or omission.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .