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Insurance (Agents and Brokers) Act 1984
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C2004C04870
15 July 2001
-
14 December 2001
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Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Crown to be bound
4 Extension to external Territories
5 Effect of Act on other laws
5A Criminal Code does not apply
6 Application of Act
7 Exceptions to application of Act
8 State and Northern Territory insurance
9 Definitions
9A Meaning of references to arranging contracts etc. with unauthorised foreign insurers
9B Meaning of acceptable contracts of professional indemnity insurance
9C Approved form
9D Extended meaning of contract of life insurance
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Part II—General
10 Insurance intermediaries other than brokers to operate under written agreements
11 Liability for conduct of agents and employees
12 Certain insurance intermediaries to be agents of insurers
13 Representations etc. by intermediaries
14 Effect of payments to intermediaries
15 Liability in relation to authorities
16 Disclosure by persons acting under authorities in respect of insurance contracts
17 Disclosure by persons acting under binders or agency agreements in respect of claims
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Part III—Registration of insurance brokers
18 Interpretation
19 Brokers not to carry on business unless registered
20 Applications for registration
21 Registration of brokers
22 Registers to be kept
23 Inspection of documents
24 Delay in registration or renewal
25 Suspension or cancellation of registration
25A Annual return
25B Notification of foreign agency agreements
25C Accounting records to be kept by registered brokers
26 Insurance broking accounts
27 Debts of broker in relation to premiums etc.
28 Distribution of insurance broking account moneys on insolvency etc.
29 Brokers not bound by certain agreements etc.
30 Misdescription of business
31 Brokers to disclose agency
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Part IIIA—Registration of foreign insurance agents
31A Interpretation
31B Foreign insurance agents not to carry on business unless registered
31C Applications for registration
31D Registration of foreign insurance agents
31E Register to be kept
31F Inspection of documents
31G Delay in registration or renewal
31H Suspension or cancellation of registration
31J Annual return
31K Notification of foreign agency agreements
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Part IV—Miscellaneous
32 Brokers to give certain information
33 Insurance intermediaries to give certain information
33A Insurance intermediaries to notify insurers of multiple agency arrangements
34 Insurance intermediary to notify insured if insurer is an unauthorised foreign insurer
34A ASIC may direct an insurance intermediary to provide information
34B Production of documents
34C Identity cards
34D Offence powers—entry and search of premises with occupier’s consent
34E Offence-related warrants
34F Announcement before entry under warrant
34G Details of warrant to be given to occupier etc.
34H Continuance of warrants in certain circumstances
34J Use of expert assistance in executing warrants
34K Warrants may be granted by telephone etc.
34L Discovery of evidence
34M Compensation for damage to electronic equipment
34N Copies of seized things to be provided
34P Power to require persons to provide information etc.
34Q Consent
34R Persons to assist authorised officers
34S Offence for making false statements in applications for warrants
34T Offences relating to telephone warrants
35 Restrictions as to receipt and payment of remuneration
36 Insurance claims moneys
37 Certain money to be trust money
37A ASIC may grant exemptions from certain requirements under section 37
38 Broker to notify insured of association with insurer
39 Misdescription by insurance intermediaries
40 Liability of directors and employees
41 Hearing before making adverse decision
41A Decision-making principles
41B Insurance intermediaries taken to be associated because of prior conduct of personnel
42 Application for review
43 Statement to accompany notice of decisions
44 Accounts and audit
46 Prosecutions
46A Time for bringing proceedings
47 Authorisation of an officer
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48 Regulations
Notes to the STYLEREF ShortT \* MERGEFORMAT Insurance (Agents and Brokers) Act 1984
