Commonwealth Consolidated Regulations

INSURANCE CONTRACTS REGULATIONS 1985 - REG 2

(1)

In these Regulations, unless the contrary intention appears:

"accidental injury" means an injury that occurs fortuitously to the insured person but does not include an injury that is caused by or results from a sickness or disease.

"the Act" means the Insurance Contracts Act 1984 .

"contents", in relation to a residential building, means:

(a) furniture, furnishings and carpets (whether fixed or unfixed);

(b) household goods;

(c) clothing and other personal effects;

(d) any of the following:

(i)

a picture;

(ii)

a work of art;

(iii)

a fur;

(iv)

a piece of jewellery;

(v)

a gold or silver article;

(vi)

a document of any kind;

(vii)

a collection of any kind;

the value of all of which at the time when the relevant contract of insurance is entered into does not exceed $500; and

(e)

swimming pools that are not fixtures, that are owned by the insured or by a member of the insured's family ordinarily residing with the insured, but does not include an article or thing to which the expression residential building extends.

"expropriation", in relation to property, means the lawful seizure, confiscation, nationalization or requisition of the property.

"home building" means:

(a)

a building used principally and primarily as a place of residence; and

(b)

out-buildings, fixtures and structural improvements used for domestic purposes, being purposes related to the use of the principal residence;

on the site and, without limiting the generality of the expression, includes:

(c)

fixed wall coverings, fixed ceiling coverings and fixed floor coverings (other than carpets);

(d)

services (whether underground or not) that are the property of the insured or that the insured is liable to repair or replace or pay the cost of repairing and replacing; and

(e)

fences and gates wholly or partly on the site;

but does not include:

(f)

a hotel;

(g)

a motel;

(h)

a boarding house;

(j)

a building that is in the course of construction;

(k)

a temporary building or structure or a demountable or moveable structure;

(m)

a caravan (whether fixed to the site or not); or

(n)

a building that is let or rented by the insured, as lessor, as a business and is not the principal residence of the insured.

"member of the insured person's travelling party" means a member of the family of the insured person, or a person specified in the contract of insurance, travelling or intending to travel with the insured person on the specified journey.

"motor vehicle" means a vehicle that is designed:

(a) to travel by road;

(b) to use volatile spirit, steam, gas, oil, electricity or any other power (not being human power or animal power) as its principal means of propulsion; and

(c) to carry passengers;

and includes a motor cycle but does not include an omnibus or a tram or a motor vehicle the carrying capacity of which exceeds 2 tonnes.

(a)

currency notes, bank notes or coins; or

(b)

goods so taken that are intended for trade.

(a)

a building used principally and primarily as a place of residence; and

(b)

out-buildings used for domestic purposes, being purposes related to the use of the principal residence;

on the site but does not include:

(c)

a hotel;

(d)

a motel;

(e)

a boarding house;

(f)

a building that is in the course of construction;

(g)

a temporary building or structure or a demountable or moveable structure;

(h)

a caravan (whether fixed to the site or not); or

(j)

a building that is let or rented by the insured, as lessor, as a business and is not the principal residence of the insured.

"specified journey" means a journey in relation to which insurance cover is provided by the relevant contract of insurance.

"warlike activities" means invasion, act of foreign enemy, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, looting, sacking or pillage following any of these.

(2) Where a residential building is a part of a building that has been subdivided under a law of a State or Territory that relates to the subdivision of buildings into strata (however described), a reference in these Regulations to the contents of the residential building includes a reference to such of the fixtures and structural improvements in the part of the building as are not insured under a contract of insurance that provides insurance cover in respect of the destruction of, or damage occurring to, the building, being a contract under which the body corporate established by or under that law is the insured.

(3)

A reference in these Regulations to a period during which a person is disabled is a reference to a period specified in a certificate given by a duly qualified medical practitioner that certifies that the person is disabled during that period.