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Contents (2017 - 10)
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Motor Accident Injuries Act 2017 No 10
Current version for 1 February 2019 to date (accessed 29 January 2020 at 20:11)
Part 10
Part 10 Administration
Division 10.1 Functions of Authority
10.1   Functions of the Authority
(cf s 206 MACA)
(1)  In addition to its other functions under this or any other Act, the Authority has the following functions:
(a)  to monitor the operation of the motor accidents scheme under this Act, and in particular to conduct (or arrange for other persons to conduct) research into and to collect statistics or other information on the level of statutory benefits and damages paid by insurers, the level of damages assessed by claims assessors and awarded by the courts, the handling of claims by insurers and other matters relating to that scheme,
(b)  to advise the Minister as to the administration, efficiency and effectiveness of that scheme,
(c)  to publicise and disseminate information concerning that scheme,
(d)  to investigate and respond to complaints about premiums for third-party policies, the market practices of licensed insurers and claims handling practices of insurers,
(e)  to monitor compliance by insurers with this Act and relevant Motor Accident Guidelines,
(f)  to investigate claims to detect and prosecute fraudulent claims,
(g)  to issue and keep under review the Motor Accident Guidelines under Division 10.2,
(h)  to establish the Dispute Resolution Service and appoint merit reviewers, medical assessors or claims assessors in accordance with Part 7,
(i)  to provide an advisory service to assist claimants in connection with claims for statutory benefits and claims for damages, and with dispute resolution under Part 7,
(j)  to provide funding for:
(i)  measures for preventing or minimising injuries from motor accidents, and
(ii)  safety education.
(2)  The Authority has the following functions in relation to the provision of acute care, treatment, rehabilitation, long term support and other services for persons injured in motor accidents:
(a)  to monitor those services,
(b)  to provide support and funding for programs that will assist effective injury management,
(c)  to provide support and funding for research and education in connection with those services that will assist effective injury management,
(d)  to develop and support education programs in connection with effective injury management.
Division 10.2 Motor Accident Guidelines
10.2   Motor Accident Guidelines of Authority
(cf s 68 MACA)
(1)  The Authority may issue Motor Accident Guidelines with respect to any matter that is authorised or required by or under this Act to be provided for by Motor Accident Guidelines.
(2)  The Authority may (wholly or partly) amend, revoke or replace Motor Accident Guidelines.
(3)  Motor Accident Guidelines may adopt the provisions of other publications, whether with or without modification or addition and whether in force at a particular time or from time to time.
10.3   Special provision relating to insurance premiums matters in Guidelines
(cf s 24 (4) MACA)
(1)  Provisions of Motor Accident Guidelines relating to insurance premiums matters may be included, changed or omitted only with the approval of the Board of the Authority.
(2)  The Board of the Authority may appoint a committee of up to 4 members with expertise in insurance, finance, actuarial science, economics or price regulation to review proposed provisions of Motor Accident Guidelines relating to insurance premiums matters and to advise on their reasonableness and adequacy.
(3)  For the purposes of this section, insurance premiums matters are the matters relating to the determination of insurance premiums for third-party policies.
10.4   Special provision relating to medical matters in Guidelines
(cf s 44 (5) and (6) MACA)
(1)  The provisions of the Motor Accident Guidelines relating to medical matters:
(a)  are not to be construed as requiring medical treatment to be carried out in accordance with the Guidelines, and
(b)  are to be consistent with a high standard of medical care, dental care, rehabilitation, aftercare and continuing care as exists in the community at that time.
(2)  The Authority may, in developing provisions of Motor Accident Guidelines relating to medical matters, consult relevant medical colleges, health professional associations and other bodies.
(3)  For the purposes of this section, medical matters are matters relating to the appropriate treatment of injured persons, to the appropriate procedures with respect to the provision of rehabilitation services or attendant care services for injured persons and to the assessment of the degree of permanent impairment of injured persons.
10.5   Consultation with insurance and legal stakeholders on Guidelines
(cf ss 68 and 69 MACA)
The Authority may consult the following about any proposed Motor Accident Guidelines:
(a)  Insurance Council of Australia Limited,
(b)  licensed insurers,
(c)  Council of the Bar Association,
(d)  Council of the Law Society,
(e)  the Lifetime Care and Support Authority of New South Wales.
10.6   Publication and Parliamentary scrutiny of Guidelines
(cf s 69 MACA)
(1)  Motor Accident Guidelines are to be published on the NSW legislation website and take effect on the day of that publication or, if a later day is specified in the Guidelines for that purpose, on the day so specified.
(2)  Sections 40 (Notice of statutory rules to be tabled) and 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to Motor Accident Guidelines in the same way as those sections apply to statutory rules.
10.7   Compliance with Guidelines condition of insurer’s licence
(cf s 68 MACA)
It is a condition of an insurer’s licence under this Act that the insurer comply with relevant provisions of Motor Accident Guidelines.
10.8   Regulations relating to Guidelines
(1)  The regulations may make provision with respect to the issue of Motor Accident Guidelines.
(2)  The regulations may make provision with respect to any matter for which Motor Accident Guidelines may be issued. In that case, the regulations prevail to the extent of any inconsistency with the Motor Accident Guidelines and a reference in this Act to those Guidelines includes a reference to those regulations.
Division 10.3 Bulk billing arrangements
10.9   Bulk billing arrangements for hospital, ambulance and other expenses
(cf s 54 MACA)
(1)  Bulk billing arrangements may be entered into by the Authority with respect to:
(a)  the payment of expenses incurred in connection with the treatment and care of injured persons at hospitals, or
(b)  the payment of expenses incurred in conveying injured persons by ambulance, or
(c)  the payment of other treatment and care expenses incurred by injured persons.
(2)  A bulk billing arrangement is an arrangement made with the Minister for Health, service providers or others acting on their behalf for the payment by the Authority of any such expenses of injured persons at the rate provided by the arrangement.
(3)  A bulk billing arrangement may provide for the payments due by the Authority under the arrangement to be paid by means of lump sum payments to cover the payments due in respect of expenses incurred during a specified period.
(4)  For the purposes of this section, the treatment and care or conveyance of injured persons includes the treatment and care or conveyance of persons classified as injured persons in accordance with a bulk billing arrangement.
10.10   Application of Division to treatment and care needs covered by Lifetime Care and Support Scheme
(cf s 43A MACA)
(1)  This Division does not apply in respect of any treatment and care needs of a person who is a participant in the Scheme under the Motor Accidents (Lifetime Care and Support) Act 2006, or any excluded treatment and care needs, that relate to the motor accident injury in respect of which the person is a participant in the Scheme and that arise during the period in which the person is a participant in the Scheme.
(2)  This section applies:
(a)  whether or not the treatment and care needs are assessed treatment and care needs under the Motor Accidents (Lifetime Care and Support) Act 2006, and
(b)  whether or not the Lifetime Care and Support Authority is required to make a payment in respect of the treatment and care needs concerned, and
(c)  whether or not the treatment, care, support or service (provided in connection with treatment and care needs) is provided on a gratuitous basis.
(3)  In this section, treatment and care needs and excluded treatment and care needs have the same meanings as they have in the Motor Accidents (Lifetime Care and Support) Act 2006.
Division 10.4 Financial provisions
10.11   Definitions
(cf s 211 MACA)
In this Division:
financial year means a year commencing on 1 July.
LCSA General Fund means Lifetime Care and Support Authority Fund established under the Motor Accidents (Lifetime Care and Support) Act 2006.
MAITC Benefits Fund means the Motor Accident Injuries Treatment and Care Benefits Fund established under this Division.
relevant period means a financial year or such other period as the Authority determines from time to time to be a relevant period for the purposes of Fund levy contributions under this Division. Relevant periods can be determined so as to overlap but there must be no gap between successive relevant periods and each relevant period must not be longer than 12 months.
SIRA Fund means the Motor Accidents Operational Fund established under this Division.
10.12   Motor Accidents Operational Fund (the SIRA Fund)
(cf s 212 MAA)
(1)  There is established a Motor Accidents Operational Fund, belonging to and vested in the Authority.
(2)  The following is to be paid into the SIRA Fund:
(a)  the appropriate proportion of the money contributed by third-party policy holders under this Division in respect of a relevant period (being the proportion that is the required contribution to the SIRA Fund determined under section 10.13 (d) in respect of that relevant period),
(b)  the interest from time to time accruing from the investment of the SIRA Fund,
(c)  money required to be paid into the SIRA Fund by or under this or any other Act,
(d)  all other money received by the Authority in connection with the motor accidents scheme under this Act, and not otherwise appropriated.
(3)  The following is to be paid from the SIRA Fund:
(a)  the remuneration, allowances, office accommodation and other associated costs of the Board of the Authority and the members of staff of the Authority to the extent that those costs relate to the administration of this Act,
(b)  expenditure incurred by the Authority in the provision of services by the Dispute Resolution Service,
(c)  expenditure incurred by the Authority in the provision of services by the advisory service established under section 7.49,
(d)  expenditure incurred by the Authority in the provision of vocational and return to work support under section 3.41,
(e)  expenditure incurred by the Authority pursuant to any bulk billing arrangement under Division 10.3,
(f)  expenditure incurred by the Authority pursuant to any arrangements under section 10.21 (Payment of workers compensation indemnity on behalf of insurers),
(g)  expenditure incurred by the Authority to fund the detection of fraud in connection with the motor accidents scheme under this Act and the prosecution of persons who commit offences against this Act or the regulations,
(h)  grants to the LCSA General Fund or the MAITC Benefits Fund pursuant to a direction under subsection (4),
(i)  all payments required to meet expenditure incurred in relation to the functions of the Authority in connection with the motor accidents scheme under this Act, where money is not otherwise provided for that purpose,
(j)  all other money required by or under this or any other Act to be paid from the SIRA Fund.
(4)  The Authority may direct the payment from the SIRA Fund of any surplus that may arise in the SIRA Fund as a grant to the LCSA General Fund or the MAITC Benefits Fund.
(5)  The Authority may invest money in the SIRA Fund that is not immediately required for the purposes of the SIRA Fund:
(a)  if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Authority is permitted to invest money under that Part, or
(b)  if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Minister with the concurrence of the Treasurer.
10.13   Assessment by Authority of amount to be contributed to SIRA Fund
(cf s 213 MACA)
The Authority is required, as soon as practicable in respect of each relevant period:
(a)  to make an estimate of the total of the amounts to be paid from the SIRA Fund during that relevant period, and
(b)  to determine what amounts, if any, are to be set aside as provisions to meet expenditure from the SIRA Fund in future periods, and specify for what purpose each such amount is being set aside, and
(c)  to make an estimate of the total amounts (including the amounts already received) to be received into the SIRA Fund during that relevant period otherwise than by way of contributions in respect of that relevant period under this Division from persons to whom third-party policies are issued, and
(d)  to determine the total amount to be contributed to the SIRA Fund under this Division in respect of that relevant period by persons to whom third-party policies are issued after having regard to the amounts likely to be standing to the credit of the SIRA Fund at the beginning of the period, including any amounts set aside in earlier periods as provisions to meet expenditure in later periods, and the amounts estimated under paragraph (c) to be received into the SIRA Fund during the relevant period, and
(e)  to specify in writing the estimates, provisions and amounts to be contributed to the SIRA Fund by persons to whom third-party policies are issued.
10.14   Motor Accident Injuries Treatment and Care Benefits Fund (the MAITC Benefits Fund)
(1)  There is established a Motor Accident Injuries Treatment and Care Benefits Fund, belonging to and vested in the Lifetime Care and Support Authority.
(2)  The following is to be paid into the MAITC Benefits Fund:
(a)  the appropriate proportion of the money contributed by third-party policy holders under this Division in respect of a relevant period (being the proportion that is the required contribution to the MAITC Benefits Fund determined under section 10.15 (d) in respect of that relevant period),
(b)  money paid to the Lifetime Care and Support Authority by an insurer who enters into an agreement with that Authority under section 3.45,
(c)  the interest from time to time accruing from the investment of the MAITC Benefits Fund,
(d)  money required to be paid into the MAITC Benefits Fund by or under this or any other Act.
(3)  The following is to be paid from the MAITC Benefits Fund:
(a)  the payments of statutory benefits for treatment and care that the Lifetime Care and Support Authority is required to make under Division 3.4 as the relevant insurer,
(b)  the costs of the Lifetime Care and Support Authority to the extent that those costs relate to the administration of this Act in relation to statutory benefits for treatment and care,
(c)  all other money required by or under this or any other Act to be paid from the MAITC Benefits Fund.
(4)  The Lifetime Care and Support Authority may invest money in the MAITC Benefits Fund that is not immediately required for the purposes of the MAITC Benefits Fund:
(a)  if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Authority is permitted to invest money under that Part, or
(b)  if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Minister with the concurrence of the Treasurer.
10.15   Assessment by Lifetime Care and Support Authority of amount to be contributed to MAITC Benefits Fund
The Lifetime Care and Support Authority is required, as soon as practicable in respect of each relevant period:
(a)  to make an estimate of the total of the amounts to be paid from the MAITC Benefits Fund during that relevant period, and
(b)  to determine what amounts, if any, are to be set aside as provisions to meet expenditure from the MAITC Benefits Fund in future periods, and specify for what purpose each such amount is being set aside, and
(c)  to make an estimate of the total amounts (including the amounts already received) to be received into the MAITC Benefits Fund during that relevant period otherwise than by way of contributions in respect of that relevant period under this Division from persons to whom third-party policies are issued, and
(d)  to determine the total amount to be contributed to the MAITC Benefits Fund under this Division in respect of that relevant period by persons to whom third-party policies are issued after having regard to the amounts likely to be standing to the credit of the MAITC Benefits Fund at the beginning of the period, including any amounts set aside in earlier periods as provisions to meet expenditure in later periods, and the amounts estimated under paragraph (c) to be received into the MAITC Benefits Fund during the relevant period, and
(e)  to specify in writing the estimates, provisions and amounts to be contributed to the MAITC Benefits Fund by persons to whom third-party policies are issued.
10.16   Fund levy contribution by persons to whom third-party policies issued
(cf s 214 MACA)
(1)  The total of the following amounts is to be contributed by the payment to the Authority of a levy (the Fund levy) by persons to whom third-party policies are issued during a relevant period:
(a)  the amount of the required fund contribution to the SIRA Fund determined under section 10.13 (d) in respect of the relevant period,
(b)  the amount of the required fund contribution to the MAITC Benefits Fund determined under section 10.15 (d) in respect of the relevant period,
(c)  the amount of the required fund contribution to the LCSA General Fund determined under section 49 of the Motor Accidents (Lifetime Care and Support) Act 2006 in respect of the relevant period.
(2)  The Fund levy is to be an amount determined by the Authority. The Fund levy can be determined as a fixed amount or as a percentage of the premium payable for a third-party policy, or as a combination of a fixed amount and percentage of premium.
(3)  A Fund levy can be determined to differ according to any criteria that the Authority considers appropriate.
(4)  The Authority is to notify each licensed insurer of the Fund levy determined for a relevant period.
10.17   Payment and collection of Fund levy
(cf s 214A MACA)
(1)  The Fund levy for a relevant period is payable to the Authority by each person to whom a third-party policy is issued during the relevant period and is to be collected, in conjunction with the payment of the premium for the policy, on behalf of the Authority by the insurer who issues the policy.
(2)  A licensed insurer is not to issue a third-party policy to a person unless the Fund levy payable by the person has been paid. Section 2.8 (Cancellation of third-party policies) applies in respect of the Fund levy payable in connection with the issue of a third-party policy in the same way as it applies in respect of the premium payable for the policy.
(3)  Fund levies collected by a licensed insurer are to be paid to the Authority at the times and in accordance with such arrangements as the Authority may notify to the insurer from time to time.
(4)  If a payment required to be made by a licensed insurer has not been paid as and when required under those arrangements:
(a)  the insurer is guilty of an offence and liable to a penalty not exceeding 100 penalty units, and
(b)  the amount of the required payment together with interest calculated at the rate of 15% per annum compounded quarterly (or, where another rate is prescribed by the regulations, that other rate) may be recovered from the insurer as a debt due to the Authority.
(5)  A certificate purporting to be signed by the chief executive of the Authority as to the amount of a payment required to be made under this section by a licensed insurer specified in the certificate and the due date for payment is admissible in proceedings under this section and is evidence of the matters specified in the certificate.
(6)  The obligation of a licensed insurer to make a payment under this section in respect of any period during which the person was a licensed insurer does not cease merely because the person subsequently ceases to be a licensed insurer.
(7)  For the purposes of the application of this section to a self-insurer under Division 9.3, the premium payable for a third-party policy deemed to have been issued by a self-insurer is the amount determined for that purpose in accordance with the relevant Motor Accident Guidelines.
10.18   Refund of Fund levy
(cf s 214AA MACA)
(1)  The Fund levy is to be refunded, on a pro rata basis, to any person to whom a third-party policy was issued if the policy is cancelled on the cancellation of the registration of the motor vehicle to which it relates (except where the registration is cancelled under Division 3 of Part 4 of the Fines Act 1996).
(2)  The Authority may refund a part of a Fund levy paid by a person to whom a third-party policy is issued during or after the period for which the policy is issued by reference to digital information recorded about the safe driving of the motor vehicle during that period or to other factors.
(3)  The Motor Accident Guidelines may make provision with respect to the administrative arrangements of licensed insurers for payment of refunds under this section.
10.19   Records relating to collection of Fund levies
(cf s 214B MACA)
(1)  A licensed insurer must keep such accounting and other records in relation to Fund levies collected by the insurer under this Division:
(a)  as may be prescribed by the regulations, and
(b)  subject to the regulations, as may be directed by the Authority by notice served on the insurer.
(2)  The regulations may prescribe the manner in which collection of Fund levies is to be accounted for in any such records.
(3)  A licensed insurer must lodge with the Authority returns in relation to Fund levies collected by the insurer under this Division in such form, containing such particulars and accompanied by such documents:
(a)  as may be prescribed by the regulations, and
(b)  subject to the regulations, as may be directed by the Authority by notice served on the insurer.
(4)  Returns must be lodged at such other times as may be prescribed by the regulations or, subject to the regulations, at such times as the Authority, by notice served on the insurer, directs.
(5)  The Authority may require returns, and documents accompanying returns, to be certified by an auditor or by an actuary.
(6)  A licensed insurer who contravenes any requirement imposed on the insurer by or under this section is guilty of an offence.
Maximum penalty: 100 penalty units.
(7)  The Authority may make publicly available a copy of any return, and any documents accompanying a return, under this section.
10.20   Audit of Fund levy records
(cf s 214C MACA)
(1)  The Authority may appoint an appropriately qualified person to audit or inspect, and report to the Authority on, the accounting and other records of a licensed insurer relating to Fund levies collected by the insurer under this Division.
(2)  A person so appointed is, for the purpose of exercising any functions under this section, entitled to inspect relevant accounting and other records of the licensed insurer.
(3)  A licensed insurer must provide all reasonable assistance to enable the exercise of those functions.
(4)  A person must not wilfully obstruct or delay a person exercising a function under this section.
(5)  A person exercising functions under this section has qualified privilege in proceedings for defamation in respect of any statement that the person makes orally or in writing in the course of the exercise of those functions.
(6)  A licensed insurer or another person who contravenes any requirement imposed on the insurer or other person by or under this section is guilty of an offence.
Maximum penalty: 100 penalty units.
10.21   Payment of workers compensation indemnity on behalf of insurers
(cf s 215A MACA)
The Authority may enter into arrangements with one or more licensed insurers under the Workers Compensation Act 1987 for the payment by the Authority on behalf of licensed insurers under this Act (motor accident insurers) of amounts required to be paid by motor accident insurers by way of indemnity referred to in section 151Z of that Act.
Division 10.5 Information collection and sharing
10.22   Definitions
In this Division:
data means any facts, statistics, instructions, concepts or other information in a form that is capable of being communicated, analysed or processed (whether by an individual or by a computer or other automated means).
insurer means a licensed insurer or a former licensed insurer (including any insurance broker or commission agent engaged in third-party insurance business).
relevant insurance or compensation authority means a relevant authority for the purposes of section 10 of the State Insurance and Care Governance Act 2015, and includes authorities of the Commonwealth, the other States and Territories that administer insurance or compensation schemes.
10.23   General data gathering, exchange, etc, by Authority, licensed insurers and relevant insurance or compensation authorities
(1)  The Authority may collect, use and disclose data relating to any of the following:
(a)  third-party policies,
(b)  claims for statutory benefits or for damages,
(c)  the functions, activities and performance of insurers,
(d)  the provision of health, legal and other services to injured persons.
(2)  For that purpose, the Authority may obtain data from insurers, from relevant insurance or compensation authorities, from hospitals, from government agencies and from any other source.
(3)  Data concerning third-party policies, claims and other related matters under this Act and policies, claims and other related matters under other insurance or compensation schemes is authorised to be exchanged between different parts of the Authority.
(4)  The Authority, the Lifetime Care and Support Authority and licensed insurers are authorised to exchange data concerning third-party policies, claims and other related matters under this Act.
(5)  The Authority and relevant insurance or compensation authorities are authorised to exchange data concerning third-party policies, claims and other related matters under this Act and policies, claims and other related matters under other insurance or compensation schemes administered by those authorities.
(6)  This section applies in respect of data that is personal information or health information about an individual despite anything to the contrary in the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002.
10.24   Data required to be supplied to Authority by insurers
(cf s 178 MACA)
(1)  The Authority may require an insurer to disclose to the Authority (within the time and manner specified by the Authority) data relating to third-party policies, claims and other related matters under this Act.
(2)  Subsection (1) extends to requiring:
(a)  data relating to any aspect of the third-party insurance scheme under this Act (including relating to the setting of premiums, the underwriting profit of insurers, the handling of claims, the cost of providing health, legal and other services to injured persons and the detection and prosecution of fraudulent claims), and
(b)  data relating to policies or claims generally or to particular policies or claims.
This subsection does not affect the generality of subsection (1) or any other provision of this Act regarding the obtaining of data by the Authority.
(3)  An insurer may be required to disclose data to the Authority under this section that is personal information or health information about an individual despite anything to the contrary in the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002.
(4)  Unless the insurer satisfies the court that it is not within its power to comply with a requirement under this section, an insurer that fails to comply with a requirement under this section is guilty of an offence.
Maximum penalty: 100 penalty units.
10.25   Claims register
(cf s 120 MACA)
(1)  The Authority is to maintain a claims register comprising the following:
(a)  details of claims notified by insurers under this Act,
(b)  details of claims made on the Nominal Defendant,
(c)  details of claims under the Workers Compensation Acts of which the Authority is informed under this Act,
(d)  details of which the Authority is informed under this Act of payments made to or on behalf of participants in the Scheme under the Motor Accidents (Lifetime Care and Support) Act 2006 and of the treatment and care needs of those participants,
(e)  such additional details as the Authority considers appropriate for inclusion in the register.
(2)  The claims register may be accessed only by the Authority, by licensed insurers and by such other persons or bodies as may be approved by the Authority.
(3)  Without limiting this Division, licensed insurers are authorised to exchange data concerning claims notified by them under this Act.
Division 10.6 Investigative powers
10.26   Definitions
In this Division:
insurer means a licensed insurer or a former licensed insurer, and includes any insurance broker or commission agent engaged in third-party insurance business.
investigation officer means a person duly appointed as an investigation officer under this Division.
premises includes any structure, building, aircraft, vehicle, vessel and place (whether built on or not).
10.27   Appointment of investigation officers
(1)  The Authority may appoint a member of staff of the Authority, or other person, as an investigation officer for the purposes of this Division.
(2)  A person’s appointment as an investigation officer may be made generally, or made subject to conditions or restrictions or only for limited purposes.
(3)  Every investigation officer is to be provided by the Authority with an identification card as an investigation officer.
(4)  In the course of exercising the functions of an investigation officer under this Division, the officer must, if requested to do so by any person affected by the exercise of any such function, produce to the person the officer’s identification card issued under this section.
10.28   Powers of entry and inspection by investigation officers
(cf s 182 MACA)
(1)  An investigation officer may do any or all of the following:
(a)  enter at any reasonable hour any premises used, or that the investigation officer reasonably suspects to be used, by an insurer for conduct of the insurer’s business or the storage or custody of any document,
(b)  remain in or on those premises while exercising any power conferred by this section,
(c)  require an insurer or any other person in or on those premises to produce any such document that is in his or her possession or under his or her control and is capable of being produced,
(d)  require an insurer or any other person having possession or control of any such document that is not written, or is not written in the English language, or is not decipherable on sight, to produce a statement, written in the English language and decipherable on sight, of the information contained in the document,
(e)  inspect, or make copies of or take extracts from, a document produced pursuant to paragraph (c) or a statement produced pursuant to paragraph (d), or retain such a statement,
(f)  require an insurer or any other person in or on those premises to answer questions relating to:
(i)  the business or financial position of an insurer, or
(ii)  the observance of this Act or the regulations,
(g)  seize anything that the investigation officer has reasonable grounds for believing is connected with an offence against this Act or the regulations.
(2)  The power to seize anything connected with an offence includes a power to seize:
(a)  a thing with respect to which the offence has been committed, and
(b)  a thing that will afford evidence of the commission of the offence, and
(c)  a thing that was used for the purpose of committing the offence.
A reference to any such offence includes a reference to an offence that there are reasonable grounds for believing has been committed.
(3)  A person must not:
(a)  refuse or fail to allow an investigation officer to enter premises under this section, or
(b)  wilfully obstruct or delay an investigation officer when exercising any powers under this section, or
(c)  unreasonably refuse or fail to produce a document or statement to an investigation officer under this section, or
(d)  if an investigation officer informs a person that by virtue of this Act the person is obliged to answer questions relating to any matter referred to in subsection (1) (f):
(i)  refuse or fail to answer such a question, or
(ii)  give an answer to such a question that the person knows is false or misleading in a material particular.
Maximum penalty: 100 penalty units.
(4)  The powers of entry conferred by this section are not exercisable in relation to any part of premises used only for residential purposes except:
(a)  with the permission of the occupier of the premises, or
(b)  under the authority conferred by a search warrant.
10.29   Search warrant
(1)  An investigation officer may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for a search warrant if the investigation officer has reasonable grounds for believing that a provision of this Act, the regulations or the Motor Accident Guidelines has been or is being or is about to be contravened in or about any premises.
(2)  An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the investigation officer named in the warrant:
(a)  to enter the premises, and
(b)  to search the premises for evidence of a contravention of this Act, the regulations or the Motor Accident Guidelines, and
(c)  to exercise in the premises any powers conferred on the investigation officer under this Division.
(3)  Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
10.30   Power to obtain information, documents and evidence
(1)  An investigation officer may, by notice in writing served on a person who is, on reasonable grounds, believed by the officer to be capable of giving information, producing documents or giving evidence in relation to a possible contravention of this Act, the regulations or the Motor Accident Guidelines require the person to do any one or more of the following things:
(a)  to give an investigation officer, by writing signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, any such information of which the person has knowledge,
(b)  to produce to an investigation officer, in accordance with the notice, any such documents,
(c)  to appear before an investigation officer at a time and place specified in the notice and give either orally or in writing any such evidence and produce any such documents.
(2)  A notice under this section must contain a warning that a failure to comply with the notice is an offence.
(3)  An investigation officer may inspect a document produced in response to a notice under this section and may make copies of, or take extracts from, the document.
(4)  An investigation officer may take possession and retain possession for as long as is necessary for the purposes of this Act, of a document produced in response to a notice under this section if the person otherwise entitled to possession of the document is supplied, as soon as practicable, with a copy certified by an investigation officer to be a true copy.
(5)  A certified copy provided under subsection (4) is receivable in all courts as if it were the original.
(6)  Until a certified copy of a document is provided under subsection (4), the investigation officer who has possession of the document must, at such times and places as the officer thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect the document and make copies of, or take extracts from, the document.
(7)  A person must not:
(a)  without reasonable excuse, refuse or fail to comply with a requirement under this section, or
(b)  in purported compliance with a requirement under this section, give information or evidence or produce a document knowing it to be false or misleading in a material particular.
Maximum penalty: 100 penalty units.
10.31   Protection from incrimination
(1) Self-incrimination not an excuse A person is not excused from a requirement under this Division to produce a document or statement, to give information or evidence or to answer a question on the ground that the document, statement, information, evidence or answer might incriminate the person or make the person liable to a penalty.
(2) Answer, information or evidence not admissible if objection made However, any answer, information or evidence given by a natural person in compliance with a requirement under this Division is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under this Division) if:
(a)  the person objected at the time to doing so on the ground that it might incriminate the person, or
(b)  the person was not warned at an appropriate time that the person may object to giving the answer, information or evidence on the ground that it might incriminate the person.
(3) Appropriate time for giving warning about incrimination An appropriate time for warning a person is any of the following times:
(a)  the time when the requirement to give the answer, information or evidence is made,
(b)  in the case of evidence required to be given when appearing before an investigation officer, any time after the start of the appearance before the officer,
(c)  at or about the time immediately before the person gives the answer, information or evidence.
(4) Documents or statements admissible Any document or statement produced by a person in compliance with a requirement under this Division is not inadmissible in evidence against the person in criminal proceedings on the ground that the document or statement might incriminate the person.
(5) Further information Further information obtained as a result of a document or statement produced or information, evidence or answer given in compliance with a requirement under this Division is not inadmissible on the ground:
(a)  that the document, statement, information, evidence or answer had to be produced or given, or
(b)  that the document, statement, information, evidence or answer might incriminate the person.
10.32   Investigation officer may request assistance
(1)  A police officer may accompany and take all reasonable steps to assist an investigation officer in the exercise of the investigation officer’s functions under this Division:
(a)  in executing a search warrant issued under this Division, or
(b)  if the investigation officer reasonably believes that he or she may be obstructed in the exercise of those functions.
(2)  Any person whom an investigation officer believes to be capable of providing assistance in the exercise of the officer’s functions under this Division may accompany the officer and take all reasonable steps to assist the officer in the exercise of the officer’s functions.
(3)  Nothing in subsection (1) is to be taken to limit the generality of section 71 of the Law Enforcement (Powers and Responsibilities) Act 2002.