Commonwealth Consolidated Regulations

INSURANCE CONTRACTS REGULATIONS 1985 - REG 11

The following are excluded:

(a)

depreciation;

(b)

wear and tear, rust or corrosion;

(c)

the action of insects or vermin;

(d)

destruction or damage, or the incurring of a liability as mentioned in paragraph 10 (d), as a result of:

(i)

the expropriation of the home building;

(ii)

war or warlike activities;

(iii)

the use, existence or escape of nuclear weapons material, or ionizing radiation from, or contamination by radioactivity from, any nuclear fuel or nuclear waste from the combustion of nuclear fuel;

(iv)

the use of the home building for the purposes of a business, trade or profession; or

(v)

tree lopping or felling by the insured or a person acting with the express or implied consent of the insured; or

(e)

destruction or damage intentionally caused, or a liability as mentioned in paragraph 10 (d) intentionally incurred, by:

(i)

the insured; or

(ii)

a member of the insured's family ordinarily residing with the insured;

or a person acting with the express or implied consent of any of them;

(f)

where the home building is unoccupied and has been unoccupied for a continuous period of more than 60 days — destruction or damage occurring otherwise than as mentioned in subparagraph 10 (a) (ii) or (iii) or (vii) to (xi) (inclusive), or the incurring of liability as mentioned in paragraph 10 (d);

(g)

destruction of, or damage occurring to:

(i)

a free-standing or retaining wall (whether or not part of the home building), or to a gate or fence, as a result of a storm or tempest;

(ii)

an electrical machine or apparatus as a result of the electric current therein; or

(iii)

any property as a result of it undergoing a process necessarily involving the application of heat;

(h)

theft by a person ordinarily residing with the insured at the time of the theft;

(j)

in the case of destruction or damage that is caused by or results from bursting, leaking, discharging or overflowing of fixed apparatus, fixed tanks or fixed pipes used to hold or carry liquid of any kind or impact by a television or radio aerial that has broken or collapsed — damage to the apparatus, tanks or pipes or the television or radio aerial, respectively;

(k)

the incurring of a liability as mentioned in paragraph 10 (d):

(i)

to the insured or a member of the insured's family ordinarily residing with the insured; or

(ii)

as a result of:

(A)

the insured; or

(B)

a member of the insured's family ordinarily residing with the insured;

or a person acting with the express or implied consent of any of them, using a vehicle (including an aircraft or water-borne craft) on the site.