Commonwealth Consolidated Acts

PRIVATE HEALTH INSURANCE ACT 2007 - SECT 214.45

             (1)  A person is guilty of an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct results in the concealment, destruction, mutilation or alteration of records relating to the affairs of a private health insurer; and

                     (c)  those affairs are being investigated under this Act.

Penalty:  30 penalty units or imprisonment for 6 months, or both.

             (2)  Subsection (1) does not apply if the person did not act with intent to defeat the purposes of this Act and did not act with intent to delay or obstruct the carrying out of the investigation under this Act.

Note:          The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code .