Commonwealth Consolidated Acts

INSURANCE CONTRACTS ACT 1984 - SECT 9

             (1)  Except as otherwise provided by this Act, this Act does not apply to or in relation to contracts and proposed contracts:

                     (a)  of reinsurance; or

                     (b)  of insurance entered into, or proposed to be entered into, by a private health insurer within the meaning of the Private Health Insurance Act 2007 in respect of its health insurance business within the meaning of Division 121 of that Act; or

                    (ba)  of insurance entered into, or proposed to be entered into, by a private health insurer within the meaning of the Private Health Insurance Act 2007 in respect of its health‑related business within the meaning of section 131‑15 of that Act that is conducted through a health benefits fund (as defined by section 131‑10 of that Act); or

                     (c)  of insurance entered into, or proposed to be entered into, by a friendly society; or

                    (ca)  of insurance entered into, or proposed to be entered into, by the Export Finance and Insurance Corporation, other than short‑term insurance contracts within the meaning of the Export Finance and Insurance Corporation Act 1991 that are entered into on or after the commencement of this paragraph; or

                     (d)  to or in relation to which the Marine Insurance Act 1909 applies; or

                     (e)  entered into or proposed to be entered into for the purposes of a law (including a law of a State or Territory) that relates to:

                              (i)  workers' compensation; or

                             (ii)  compensation for the death of a person, or for injury to a person, arising out of the use of a motor vehicle.

             (2)  This Act does not apply to or in relation to contracts and proposed contracts of insurance entered into, or proposed to be entered into, in the course of State insurance or Northern Territory insurance, including contracts and proposed contracts entered into, or proposed to be entered into, by:

                     (a)  a State or the Northern Territory; and

                     (b)  some other insurer;

as joint insurers.

             (3)  Sections 37, 41, 58, 59, 60, 63, 69 and 74 do not apply in relation to contracts, and proposed contracts, of insurance against the risk of the loss of an aircraft, or damage to the hull of an aircraft, as a result of war.

             (4)  Sections 53 and 63 do not apply in relation to a provision of a contract, or a proposed contract, of insurance to the extent that:

                     (a)  the provision authorises or permits the insurer to vary or cancel either or both of the following:

                              (i)  cover for risks related to war;

                             (ii)  cover for risks related to terrorism; and

                     (b)  the provision is prescribed or otherwise identified by the regulations.