Corporations Regulations 2001
View history note
Hide history note[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
For subparagraph 761G(5) (b)(iv) of the Act, a sickness and accident insurance product is a contract or part of a contract that has either of the following characteristics:
(a) the contract provides insurance cover (whether the cover is limited or restricted in any way) in respect of the insured person contracting a sickness or disease or a specified sickness or disease or sustaining an injury or a specified injury;
(b) if the insured person dies as a result of the sickness, disease or injury, the contract provides insurance cover (whether the cover is limited or restricted in any way) in respect of the death.
A sickness and accident insurance product does not include:
(a) sickness and accident policies which are guaranteed ``renewable'' at the option of the insured or where the insurer guarantees not to cancel the policy in response to a change in the risk where such a policy has been effected for a predetermined period of years in excess of 1 year; or
(b) insurance to or in relation to which the Marine Insurance Act 1909 applies; or
(c) insurance entered into, or proposed to be entered into, for the purposes of a law (including a law of a State or Territory) that relates to:
(i) workers ' compensation; or
(ii) compulsory third party compensation; or
(d) insurance that:
(i) provides cover for the death of, or injury to, a driver of a motor vehicle which is caused by the fault of that person when driving; and
(ii) is provided only in conjunction with, and at no extra cost to, insurance mentioned in subparagraph (c)(ii).
Note: See also regulation 7.9.14B.
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