New South Wales Consolidated Acts

FIRE BRIGADES ACT 1989 - SECT 57

57 Liability of owner where foreign insurer involved

(1) This section applies to a person who is the owner of property in respect of which an insurance company has received a premium referred to in section 55 if the insurance company is not authorised under a law of the Commonwealth or of a State or Territory to carry on insurance business.

(2) The Commissioner may notify a person to whom this section applies that the person is to be responsible for the contributions required to be paid by the insurance company under this Part because of premiums received by the company in respect of the person’s property, and in such a case:

(a) the person must pay to the Commissioner any amounts that would otherwise be payable by the company under this Part in respect of those premiums, and

(b) the provisions of this Division are to apply to the person as if the person were the insurance company that received those premiums, subject to any modification of those provisions required by the regulations.

(3) An owner who fails to pay such an amount within 30 days after it falls due is guilty of an offence.

Maximum penalty: 10 penalty units.

(4) The amount of such a payment may be deducted from any premium recoverable in the State by or on behalf of the company on the issue or renewal of any fire policy on the property or may be recovered from the company as a debt by the person making the payment.

(5) This section applies whether the premium concerned was received in or outside the State.