Commonwealth Consolidated Regulations

INSURANCE CONTRACTS REGULATIONS 1985 - REG 31

(1)

For section 53 of the Act, each of the following classes of contracts is declared to be a class of contracts in relation to which that section does not apply:

(a)

each of the classes of contracts referred to in regulation 30;

(b)

contracts of insurance under which the insurer agrees to indemnify the insured against loss in respect of failure by a debtor to pay a debt due to the insured, but not against any other loss;

(c)

contracts of life insurance;

(d)

superannuation contracts, including individual superannuation contracts and blanket superannuation contracts;

(e)

sickness and accident insurance contracts to which paragraph 17 (c) applies;

(f)

export payments insurance contracts within the meaning of subsection 14 (2) of the Export Finance and Insurance Corporation Act 1991 ;

(g)

aviation liability indemnity contracts.

(2)

For this regulation, aviation liability indemnity contracts are contracts under which the Commonwealth provides indemnities to airlines, airports or other aviation service providers for claims against them by third parties, for property damage or bodily injury or both (other than injury to aircraft passengers and employees of the insured travelling as passengers in the course of their duties) arising as a consequence of:

(a)

war, invasion, acts of foreign enemies, hostilities (whether war has been declared or not), civil war, rebellion, revolution, insurrection, martial law, military law, military or usurped power or attempts at usurpation of power; or

(b)

strikes, riots, civil commotions or labour disturbances; or

(c)

an act of one or more persons (whether or not as agent of a sovereign power) for political or terrorist purposes (whether the resulting loss or damage is accidental or intentional); or

(d)

a malicious act or act of sabotage; or

(e)

hi-jacking or an unlawful seizure or wrongful exercise of control of the aircraft or crew in flight (including an attempt at such seizure or control) made by any person acting without the consent of the insured; or

(f)

confiscation, nationalisation, seizure, restraint, detention, appropriation, requisition or use by or under the order of a government (civil, military or de facto) or public or local authority.