New South Wales Repealed Acts

This legislation has been repealed.

EMERGENCY SERVICES LEVY INSURANCE MONITOR ACT 2016

- As at 1 July 2020 
- Act 23 of 2016 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Involvement in prohibited conduct

   PART 2 - EMERGENCY SERVICES LEVY INSURANCE MONITOR

           Division 1 - Appointment of Monitor

   5.      Emergency Services Levy Insurance Monitor
   6.      Deputy Emergency Services Levy Insurance Monitor
   7.      Independence of Monitor
   8.      Staff of Monitor

           Division 2 - Functions of Monitor

   9.      General functions
   10.     Price monitoring
   11.     Reports
   12.     Delegation
   13.     Incidental powers

   PART 3 - CONDUCT RELATING TO EMERGENCY SERVICES LEVY REFORM

           Division 1 - Prohibited conduct

   14.     Price exploitation
   15.     False or misleading conduct
   16.     Contravention notices--price exploitation
   17.     Prevention notices--price exploitation
   18.     Orders relating to prohibited conduct
   19.     Other orders
   20.     Nature of proceedings
   21.     Guidelines relating to prohibited conduct

           Division 2 - Substantiation notices

   22.     Monitor may require claims to be substantiated
   23.     Extending period for complying with substantiation notices
   24.     Compliance with substantiation notices

           Division 3 - Complaints

   25.     Making of complaints
   26.     Dealing with complaints

           Division 4 - Inquiries

   27.     Inquiries
   28.     Procedures at inquiries
   29.     Public inquiries

           Division 5 - Miscellaneous

   30.     Notice relating to emergency services levy reform
   31.     Public warning statements

   PART 3A - INVESTIGATION OF OVERCHARGING

   31A.    Definitions
   31B.    Monitor to investigate over-collection amounts
   31C.    Liability for over-collection amount under the scheme
   31CA.   Liability for an over-collection amount in transition period
   31D.    Monitor to assess over-collection amount
   31E.    Notice of assessment to be given to insurance company
   31F.    Objections to assessments
   31G.    Monitor to decide objection
   31H.    Refund undertakings by insurance companies
   31I.    Referral of amount to Chief Commissioner for debt recovery actions
   31J.    Issue of debt recovery order by Chief Commissioner
   31K.    Insurance company must pay over-collection amount

   PART 4 - LEGAL PROCEEDINGS

           Division 1 - Proceedings for offences

   32.     Nature of proceedings for offences
   33.     Persons who may commence proceedings
   34.     (Repealed)

           Division 2 - Enforceable undertakings

   35.     Undertakings
   36.     Enforcement of undertakings
   37.     Register of undertakings

           Division 3 - Injunctions

   38.     Injunctions
   39.     Consent injunctions
   40.     Interim injunctions
   41.     Power to rescind or vary injunctions

           Division 4 - Compensation orders

   42.     Compensation orders
   43.     Compensation orders in respect of class of persons
   44.     Effect of compensation orders in respect of class of persons
   45.     Applications for orders
   46.     Kinds of orders that may be made
   47.     Power of court to make orders
   48.     Interaction with other provisions

           Division 5 - Evidentiary provisions

   49.     Proof of certain appointments not required
   50.     Documentary evidence generally
   51.     Certificate evidence of certain matters

   PART 5 - INVESTIGATION AND ENFORCEMENT POWERS

           Division 1 - Preliminary

   52.     Definition
   53.     Purposes for which powers under Part may be exercised
   54.     Effect on other functions
   55.     Appointment and identification of inspectors

           Division 2 - Powers to require information or records

   56.     Application of Division
   57.     Requirement to provide information and records
   58.     Provisions relating to records

           Division 3 - Powers of entry and search of premises

   59.     Power to enter premises
   60.     Entry into residential premises only with permission or warrant
   61.     Powers to inspect and seize things
   62.     Search warrants
   63.     Assistance to be given to inspectors
   64.     Dealing with seized things

           Division 4 - Power to question persons

   65.     Power of inspectors to require answers

           Division 5 - Miscellaneous

   66.     Offences under this Part
   67.     Provisions relating to requirements to furnish records, information or answer questions
   68.     Entry to be reported to Monitor
   69.     Register of exercise of powers of entry
   70.     Complaints relating to powers of entry and search of premises

   PART 6 - MISCELLANEOUS

   71.     Expenditure of Monitor
   72.     Emergency Services Levy Insurance Monitor Fund
   73.     Act to bind Crown
   74.     Protection from liability
   75.     Exchange of information
   76.     Disclosure of information
   77.     Service of documents
   78.     Regulations
   79.     Repeal of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)