Federal Register of Legislation - Australian Government

Primary content

SR 2000 No. 118 Regulations as made
These Regulations amend the Insurance Contracts Regulations 1985.
Administered by: Treasury
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Made 07 Jun 2000
Registered 01 Jan 2005
Tabled HR 19 Jun 2000
Tabled Senate 19 Jun 2000
Gazetted 15 Jun 2000
Date of repeal 09 Aug 2013
Repealed by Treasury (Spent and Redundant Instruments) Repeal Regulation 2013
Table of contents.

Insurance Contracts Amendment Regulations 2000 (No. 1)

Statutory Rules 2000 No. 118

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Insurance Contracts Act 1984.

Dated 7 June 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

joe hockey


Insurance Contracts Amendment Regulations 2000 (No. 1)1

Statutory Rules 2000 No. 1182

made under the

 

 

 

Contents

                                                                                                                 Page

                        1  Name of Regulations                                                         2

                        2  Commencement                                                                2

                        3  Amendment of Insurance Contracts Regulations 1985          2

Schedule 1           Amendments commencing on gazettal                            3

Schedule 2           Amendments commencing on the commencement of item 4 of Schedule 2 to the Export Finance and Insurance Corporation Amendment Act 2000             5

 


Do not delete : Part placeholder

Do not delete : Division placeholder

1              Name of Regulations

                These Regulations are the Insurance Contracts Amendment Regulations 2000 (No. 1).

2              Commencement

                These Regulations commence as follows:

                 (a)     on gazettal — regulations 1 to 3 and Schedule 1;

                (b)     on the commencement of item 4 of Schedule 2 to the Export Finance and Insurance Corporation Amendment Act 2000 — Schedule 2.

3              Amendment of Insurance Contracts Regulations 1985

                Schedules 1 and 2 amend the Insurance Contracts Regulations 1985.

 


Schedule 1        Amendments commencing on gazettal

Do not delete : Schedule Part placeholder

(regulation 3)

[1]         Regulation 2B

substitute

2B           Eligible contracts of insurance (Act s 21A (9))

         (1)   A contract of insurance is an eligible contract of insurance if it:

                (a)    is for new business; and

               (b)    is wholly in a class of contracts that is declared to be a class of contracts in relation to which Division 1 of Part V of the Act applies.

Note   The following regulations declare certain classes of insurance contracts for Division 1 of Part V of the Act:

·         regulation 5 (motor vehicle insurance)

·         regulation 9 (home buildings insurance)

·         regulation 13 (home contents insurance)

·         regulation 17 (sickness and accident insurance)

·         regulation 21 (consumer credit insurance)

·         regulation 25 (travel insurance)

         (2)   A contract of insurance is an eligible contract of insurance if:

                (a)    it is not mentioned in subregulation (1); and

               (b)    it is for new business; and

                (c)    the insurer, before the contract is entered into, gives to the insured:

                          (i)    a written notice in accordance with the form set out in Part 3 of Schedule 1; or

                         (ii)    an oral notice in accordance with the words set out in Schedule 2; or

                        (iii)    a notice otherwise complying with subsection 22 (1) of the Act clearly informing the insured of the general nature and effect of the duty of disclosure and the general nature and effect of section 21A of the Act.

[2]         Paragraph 3 (1) (a)

substitute

                (a)    for a contract of general insurance that is not an eligible contract of insurance — the form set out in Part 1 of Schedule 1; and

[3]         Paragraph 3 (1) (c) and subregulation 3 (2)

omit

(except a contract that is entered into by renewing the contract)

Schedule 2        Amendments commencing on the commencement of item 4 of Schedule 2 to the Export Finance and Insurance Corporation Amendment Act 2000

Do not delete : Schedule Part placeholder

(regulation 3)

[1]         Paragraph 31 (e)

omit

applies.

insert

applies;

[2]         After paragraph 31 (e)

insert

                (f)    export payments insurance contracts within the meaning of subsection 14 (2) of the Export Finance and Insurance Corporation Act 1991.

Notes

1.       These Regulations amend Statutory Rules 1985 No. 162, as amended by 1990 No. 444; 1994 No. 327; 1996 No. 304; 1997 Nos. 226 and 238; 1998 Nos. 78 and 195; 1999 No. 191.

2.       Made by the Governor-General on 7 June 2000, and notified in the Commonwealth of Australia Gazette on 15 June 2000.