Commonwealth Numbered Acts

Insurance (Agents and Brokers) Act 1984 No. 75 of 1984 - SECT 13

13. (1) A person to whom this section applies shall not wilfully and with
intent to deceive make a false statement, being a statement that the person
making the statement intends to be acted upon-

   (a)  as to any amount that would be payable in respect of a proposed
        contract of insurance; or

   (b)  as to the effect of any of the provisions of a contract of insurance
        or of a proposed contract of insurance.

(2) A person to whom this section applies shall not wilfully and with intent
to deceive, in relation to a proposed contract of insurance-

   (a)  write on a form, being a form that is given or sent to the insurer,
        matter that is material to the contract and is false or misleading in
        a material particular;

   (b)  omit to disclose to the insurer matter that is material to the
        proposed contract;

   (c)  advise or induce the intending insured to write on a form, being a
        form that is given or sent to the insurer, matter that is false or
        misleading in a material particular; or

   (d)  advise or induce the intending insured to omit to disclose to the
        insurer matter that is material to the proposed contract.

(3) A person to whom this section applies shall not wilfully and with intent
to deceive, in relation to a claim under a contract of insurance-

   (a)  fill up, in whole or in part, a form, being a form that is given or
        sent to the insurer, in such a way that the form is false or
        misleading in a material particular;

   (b)  omit to disclose to the insurer matter that is material to the claim;

   (c)  induce the insured to fill up, in whole or in part, a form, being a
        form that is given or sent to the insurer, in such a way that the form
        is false or misleading in a material particular; or

   (d)  advise or induce the insured to omit to disclose to the insurer matter
        that is material to the claim.

(4) An act done in contravention of sub-section (1) or (2) constitutes an
offence against the sub-section concerned notwithstanding that a contract of
insurance does not come into being.

(5) The persons to whom this section applies are-

   (a)  insurance intermediaries; and

   (b)  agents and employees of insurance intermediaries and of insurers.

Penalty:

   (a)  in the case of a natural person-$2,000 or imprisonment for 1 year, or
        both; or

   (b)  in the case of a corporation-$10,000.