INSURANCE CONTRACTS ACT 1984 - SECT 9 Exceptions to application of Act

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; or

  (f)   entered into or proposed to be entered into:

  (i)   for the purposes of a law (including a law of a State or a Territory) that relates to workers' compensation; and

  (ii)   to provide insurance cover in respect of an employer's liability under a rule of the common law that requires payment of damages to a person for employment - related personal injury.

  (1A)   If a contract of insurance, or a proposed contract of insurance, includes:

  (a)   provisions (the first group of provisions ) that would, if they comprised a single contract or proposed contract, form a contract referred to in any of paragraphs   (1)(a) to (f); and

  (b)   provisions (the second group of provisions ) that would, if they comprised a single contract or proposed contract, form a contract other than a contract referred to in any of paragraphs   (1)(a) to (f);

then subsection   (1) applies as if the first group of provisions and the second group of provisions were each a separate contract or proposed contract.

  (1B)   Despite subsection   (1A), if a contract of insurance, or a proposed contract of insurance, includes:

  (a)   provisions (the first group of provisions ) for the purposes of a law referred to in subparagraph   (1)(f)(i); and

  (b)   provisions (the second group of provisions ) that provide insurance cover of the kind referred to in subparagraph   (1)(f)(ii);

then subsection   (1) applies as if the first group of provisions and the second group of provisions were together a separate contract or proposed contract.

  (1C)   If:

  (a)   a provision (a related provision ) of a contract of insurance, or a proposed contract of insurance, relates to or affects the operation of a group or groups of provisions included in the contract or proposed contract; and

  (b)   because of subsection   (1A) or (1B), subsection   (1) applies as if that group or those groups of provisions were a separate contract or proposed contract;

then the related provision is, for the purposes of subsection   (1), to be regarded as a provision included in that separate contract or proposed contract.

  (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.