Commonwealth Consolidated Acts

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INSURANCE CONTRACTS ACT 1984 - SECT 9A

Exclusion of pleasure craft from the Marine Insurance Act 1909

             (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 .



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