Commonwealth Consolidated Acts

MARINE INSURANCE ACT 1909 - SECT 40

(1)

Non-compliance with a warranty is excused when, by reason of a change of circumstances, the warranty ceases to be applicable to the circumstances of the contract, or when compliance with the warranty is rendered unlawful by any subsequent law.

(2)

Where a warranty is broken, the assured cannot avail himself of the defence that the breach has been remedied, and the warranty complied with, before loss.

(3)

A breach of warranty may be waived by the insurer.