Commonwealth Consolidated Regulations

INSURANCE CONTRACTS REGULATIONS 1985 - REG 27

The following are excluded:

(a)

financial loss, loss of or damage to personal belongings or death, sickness or injury, occurring as a result of:

(i)

war or warlike activities;

(ii)

expropriation of any thing;

(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; or

(iv)

the insured person or a member of the insured person's travelling party:

(A)

being under the influence of intoxicating liquor or of a drug, other than a drug taken or administered by or in accordance with the advice of a duly qualified medical practitioner;

(B)

being addicted to intoxicating liquor or to a drug;

(C)

taking part in a riot or civil commotion;

(D)

acting maliciously; or

(E)

engaging in professional sporting activities;

(b)

financial loss, loss of or damage to personal belongings or death, sickness or injury, intentionally caused by:

(i)

the insured person; or

(ii)

a member of the insured person's travelling party;

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

(c)

financial loss as a result of:

(i)

the insured person failing to commence or complete the journey:

(A)

for financial, business or contractual reasons, being reasons related to the insured person or to a member of the insured person's travelling party; or

(B)

because of a sickness, disease or disability to which a person was subject at any time during the period of six months before the contract was entered into and continues to be subject to after that time;

(ii)

the insured person or a member of the insured person's travelling party being disinclined to travel; or

(iii)

contravention of, or failure to comply with, a law (including the law of a foreign country) by the insured person or a member of the insured person's travelling party;

(d)

loss of or damage occurring to personal belongings as a result of:

(i)

depreciation;

(ii)

wear and tear, mildew, rust or corrosion;

(iii)

the action of insects or vermin;

(iv)

mechanical or electrical breakdown or failure of the personal belongings;

(v)

the personal belongings being cleaned, dyed, altered or repaired; or

(vi)

in the case of personal belongings that are fragile or brittle — the negligence of the insured;

(e)

death occurring or injury sustained as a result of a sickness or disability to which the person concerned was subject at any time during the period of 6 months before the contract was entered into and continues to be subject to after that time;

(f)

death occurring or injury sustained at a time when the person concerned is flying, or engaging in aerial activities, otherwise than as a passenger in an aircraft that is authorised to fly under a law that relates to the safety of aircraft;

(g)

the insured person or a member of the insured's travelling party sustaining a deliberately self-inflicted injury.