New South Wales Consolidated Acts

WORKERS COMPENSATION (BUSH FIRE, EMERGENCY AND RESCUE SERVICES) ACT 1987 - SECT 28B

28B Prohibition on increased premium under motor vehicle insurance policy

(1) In this section:
"authorised activity damage" means, in relation to a vehicle, damage, loss or destruction that was caused to the vehicle in such circumstances and while the vehicle was in such ownership, possession or custody that in respect of that damage, compensation under section 28A was payable, or would have been so payable but for the operation of section 28A (5).
"insurance policy" means policy of insurance in respect of damage to or destruction or loss of a vehicle.
"insurer" means any person or body of persons, corporate or unincorporate, whose business is or includes the issue of insurance policies.

(2) An insurer must not demand or receive by way of premium for the issue or renewal of an insurance policy in respect of a vehicle that has at any time been the subject of a claim, under any insurance policy, for authorised activity damage, any greater or other amount than (in accordance with any contract, or in accordance with any practice or course of dealing customarily followed by the insurer) the insurer would have charged in that case as the premium for that issue or renewal if the vehicle had not at any time been the subject of a claim for authorised activity damage.

Maximum penalty: 5 penalty units.

(3) Any amount received by an insurer contrary to this section may be recovered from the insurer as a debt in a court of competent jurisdiction by the person who paid it.

(4) An insurance policy is not illegal, void or unenforceable merely because of a contravention of this section.