INSURANCE CONTRACTS ACT 1984 - SECT 9A Exclusion of pleasure craft from the Marine Insurance Act 1909

INSURANCE CONTRACTS ACT 1984 - SECT 9A

  (1)   The Marine Insurance Act 1909 does not apply to a contract of marine insurance made in respect of a pleasure craft unless the contract is made in connection with the pleasure craft's capacity as cargo.

  (2)   For the purposes of this section, a pleasure craft is a ship that is:

  (a)   used or intended to be used:

  (i)   wholly for recreational activities, sporting activities, or both; and

  (ii)   otherwise than for reward; and

  (b)   legally and beneficially owned by one or more individuals; and

  (c)   not declared by the regulations to be exempt from this subsection.

  (3)   For the purposes of paragraph   (2)(a), any minor, infrequent and irregular use of a ship for activities other than:

  (a)   recreational activities; or

  (b)   sporting activities;

is to be ignored.

  (4)   In this section:

"contract of marine insurance" has the same meaning as in the Marine Insurance Act 1909 .