INSURANCE CONTRACTS ACT 1984
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Repeals
- 4 Previous contracts
- 5 Crown to be bound
- 6 Extension to external Territories
- 7 Effect of Act on other laws
- 8 Application of Act
- 9 Exceptions to application of Act
- 9A Exclusion of pleasure craft from the Marine Insurance Act 1909
- 10 Contracts of insurance
- 11 Interpretation
- 11AA Application of the Criminal Code
- 11AB Consumer insurance contracts
PART IA--ADMINISTRATION
- 11AAA Definition
- 11A ASIC responsible for general administration of Act
- 11B Powers of the ASIC
- 11C Supervisory powers--ASIC may obtain insurance documents
- 11D Supervisory powers--ASIC may review administrative arrangements etc.
- 11DA Supervisory powers--liability of directors, employees and agents of insurers
- 11E Examination of documents by ASIC not to imply compliance with relevant legislation
- 11F ASIC's power to intervene in proceedings
PART II--THE--DUTY OF THE UTMOST GOOD FAITH
PART III--INSURABLE--INTERESTS
Division 1--General insurance
- 16 Insurable interest not required
- 17 Legal or equitable interest not required at time of loss
Division 2--Other contracts of insurance
- 18 Insurable interest not required
Division 3--Naming of persons benefited
- 20 Persons benefited need not be named
PART IV--DISCLOSURES--AND MISREPRESENTATIONS
Division 2--Other contracts: misrepresentations by insured
- 23A Application of this Division
- 23 Ambiguous questions
- 24 Warranties of existing facts to be representations
- 25 Misrepresentation by life insured
- 26 Certain statements not misrepresentations
- 27 Failure to answer questions
Division 4--Key Facts Sheets
- 33A Application of this Division
- 33B What is a Key Facts Sheet ?
- 33C Insurer's obligation to provide Key Facts Sheet
- 33D Provision of Key Facts Sheet does not constitute clearly informing
PART V--THE--CONTRACT
Division 1--Standard cover
- 34 Interpretation
- 35 Notification of certain provisions
- 36 Interpretation of regulations
- 37 Notification of unusual terms
Division 1A--Definition of flood
- 37A Application of this Division
- 37B Meaning of flood in prescribed contracts etc.
- 37C Insurer must clearly inform insured whether prescribed contract provides insurance cover in respect of flood
- 37D Circumstances in which prescribed contract is taken to provide insurance cover etc. in respect of flood
- 37E Division not to affect provision of insurance cover for certain events
Division 2--General provisions relating to insurance contracts
- 38 Interim contracts of insurance
- 39 Instalment contracts of general insurance
- 40 Certain contracts of liability insurance
- 41 Contracts of liability insurance--consent of insurer required for settlement etc. of claim
- 42 Maximum cover for premium
- 43 Arbitration provisions
- 44 Average provisions
- 45 "Other insurance" provisions
- 46 Pre - existing defect or imperfection
- 47 Pre - existing sickness or disability
- 48 Contracts of general insurance--entitlements of third party beneficiaries
- 48AA Life policy in connection with RSA for the benefit of third party beneficiary
- 48A Life policy for the benefit of third party beneficiary
- 49 Where sum insured exceeds value of insured's interest
- 50 Sale of insured property
- 51 Claims against insurer in respect of liability of insured or third party beneficiary
- 52 "Contracting out" prohibited
- 53 Variation of contracts of insurance
Division 3--Remedies
- 54 Insurer may not refuse to pay claims in certain circumstances
- 55 No other remedies
- 55A Representative actions by the ASIC
PART VI--CLAIMS
- 56 Fraudulent claims
- 57 Interest on claims
PART VII--EXPIRATION--, RENEWAL AND CANCELLATION
- 58 Insurer to notify of expiration of contracts of general insurance
- 59 Cancellation procedure
- 59A Cancellation of contracts of life insurance
- 60 Cancellation of contracts of general insurance
- 61 Insurers in liquidation
- 62 Cancellation of instalment contracts of general insurance
- 63 Cancellations of contracts of insurance void
PART VIII--SUBROGATION
- 64 Application to third party beneficiaries
- 65 Subrogation to rights against family etc.
- 66 Subrogation to rights against employees
- 67 Rights with respect to money recovered under subrogation etc.
- 68 Contracts affecting rights of subrogation
PART IX--INFORMATION--, NOTICES AND REASONS
- 69 Giving of information to insureds
- 70 Notices to be given to life insureds in certain cases
- 71 Agency
- 72 Content and other requirements for notices etc. to be given in writing
- 72A Method for giving written notices or documents
- 74 Policy documents to be supplied on request
- 75 Reasons for cancellation etc. to be given
PART IXA--ENFORCEMENT
Division 1--Civil penalty provisions
Subdivision A--Obtaining a pecuniary penalty order
Division 2--Infringement notices
PART X--MISCELLANEOUS
- 76 Contribution between insurers
- 78 Regulations