Financial Sector Reform (Hayne Royal Commission Response) Act 2020 (135 of 2020)
Schedule 2 Insurer avoidance of life insurance contracts, and duty to take reasonable care not to make a misrepresentation
Part 1 Insurer avoidance of life insurance contracts
Insurance Contracts Act 1984
1 Subsection 29(3)
Repeal the subsection, substitute:
(3) If:
(a) the failure was not fraudulent or the misrepresentation was not made fraudulently; and
(b) the insurer would not have been prepared to enter into a contract of life insurance with the insured on any terms, if the duty of disclosure had been complied with or the misrepresentation had not been made;
the insurer may, within 3 years after the contract was entered into, avoid the contract.