Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Insurance Contracts Act 1984
In force
Administered by
Department of the Treasury
Superseded version
Click for more info
View latest version
View as made version
Order print copy
Save this title to My Account
Set up an alert
C2013C00077
11 December 2012
-
27 June 2013
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
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
Collapse
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
Collapse
Part II—The duty of the utmost good faith
12 This Part not to be read down
13 The duty of the utmost good faith
14 Parties not to rely on provisions except in the utmost good faith
15 Certain other laws not to apply
Collapse
Part III—Insurable interests
Collapse
Division 1—General insurance
16 Insurable interest not required
17 Legal or equitable interest not required at time of loss
Collapse
Division 2—Other contracts of insurance
18 Insurable interest not required
Collapse
Division 3—Naming of persons benefited
20 Persons benefited need not be named
Collapse
Part IV—Disclosures and misrepresentations
Collapse
Division 1—Insured’s duty of disclosure
21 The insured’s duty of disclosure
21A Eligible contracts of insurance—disclosure of specified matters
22 Insurer to inform of duty of disclosure
Collapse
Division 2—Misrepresentations by insured
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
Collapse
Division 3—Remedies for non-disclosure and misrepresentations by insured
28 General insurance
29 Life insurance
30 Misstatements of age
31 Court may disregard avoidance in certain circumstances
32 Non-disclosure or misrepresentation by member of scheme
32A Non-disclosure or misrepresentation by holder of RSA
33 No other remedies
Collapse
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
Collapse
Part V—The contract
Collapse
Division 1—Standard cover
34 Interpretation
35 Notification of certain provisions
36 Interpretation of regulations
37 Notification of unusual terms
Collapse
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
Collapse
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 Liability insurance: insured may require insurer to elect
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 Entitlement of named persons to claim
48AA Life policy in connection with an RSA for the benefit of another person
48A Life policy for the benefit of another person
49 Where sum insured exceeds value of insured’s interest
50 Sale of insured property
51 Right of third party to recover against insurer
52 “Contracting out” prohibited
53 Variation of contracts of insurance
Collapse
Division 3—Remedies
54 Insurer may not refuse to pay claims in certain circumstances
55 No other remedies
55A Representative actions by the ASIC
Collapse
Part VI—Claims
56 Fraudulent claims
57 Interest on claims
Collapse
Part VII—Expiration, renewal and cancellation
58 Insurer to notify of expiration of contracts of general insurance
59 Cancellation procedure
60 Cancellation of contracts of general insurance
61 Insurers in liquidation
62 Cancellation of instalment contracts of general insurance
63 Cancellations void
Collapse
Part VIII—Subrogation
65 Subrogation to rights against family etc.
66 Subrogation to rights against employees
67 Rights with respect to moneys recovered under subrogation
68 Contracts affecting rights of subrogation
Collapse
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 Legibility of writing
74 Policy documents to be supplied on request
75 Reasons for cancellation etc. to be given
Collapse
Part X—Miscellaneous
76 Contribution between insurers
77 Giving notices
Collapse
78 Regulations
Notes to the STYLEREF ShortT \* MERGEFORMAT Insurance Contracts Act 1984
