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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 20 November 2019 at 12:58)
7.43   Power of claims assessor to require information
(cf s 100 MACA)
(1)  A claims assessor may give a direction in writing to a party to proceedings before the claims assessor requiring the party:
(a)  to produce to the assessor, at a time and place specified in the direction, specified documents in the possession of the party, being documents that the assessor considers relevant to the proceedings, or
(b)  to furnish specified information to the assessor within a time specified in the direction, being information that the assessor considers relevant to the proceedings, or
(c)  to give within a time specified in the direction any specified consent, authority or direction that the assessor considers necessary or desirable for the purpose of facilitating the provision by another person of documents or information pursuant to a direction under subsection (2).
(2)  A claims assessor may give a direction in writing to a person who is not a party to proceedings before the claims assessor requiring the person:
(a)  to produce to the assessor, at a time and place specified in the direction, specified documents in the possession of the person, being documents that the assessor considers relevant to the proceedings, or
(b)  to furnish specified information to the assessor within a time specified in the direction, being information that the assessor considers relevant to the proceedings.
(3)  The Authority must pay the reasonable costs incurred by a person in complying with a direction under subsection (2).
(4)  A person who fails without reasonable excuse to comply with a direction given to the person under this section is guilty of an offence.
Maximum penalty: 50 penalty units.
(5)  It is a condition of an insurer’s licence under this Act that the insurer must comply with a direction given to the insurer under this section.
(6)  If a party to proceedings on a claims assessment fails without reasonable excuse to produce a document or furnish information in compliance with a direction given to the person under this section, the person cannot as a party to proceedings before a court in respect of the claim have the document or information admitted in the proceedings unless the court otherwise orders in the special circumstances of the case.
(7)  The regulations may make provision for or with respect to any of the following matters:
(a)  exempting specified kinds of documents or information from the operation of this section,
(b)  specifying cases and circumstances in which a claims assessor is required to exercise the assessor’s powers under this section.