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)(vii) of the Act, a personal and domestic property insurance product is a contract or part of a contract that provides insurance cover (whether or not the cover is limited or restricted in any way) in respect of loss or damage to property that is:
(a) wholly or predominantly used for personal, domestic or household purposes by:
(i) the insured; or
(ii) a relative of the insured; or
(iii) any person with whom the insured resides; and
(b) ordinarily used for that purpose.
7.1.17(2)
A personal and domestic property insurance product does not include:
(a) insurance to or in relation to which the Marine Insurance Act 1909 applies; or
(b) 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.
7.1.17(3)
In this regulation:
property
includes any of the following:
(a) moveables;
(b) valuables;
(c) a caravan or mobile home;
(d) an on-site mobile home;
(e) a trailer;
(f) a marine pleasure craft;
(g) a horse;
(h) a domestic pet;
(i) a mobile phone.
relative
means any of the following relatives of an insured person:
(a) mother;
(b) step-mother;
(c) father;
(d) step-father;
(e) brother;
(f) half-brother;
(g) sister;
(h) half-sister;
(i) spouse (including de facto spouse);
(j) son;
(k) step-son;
(l) adopted son;
(m) daughter;
(n) step-daughter;
(o) adopted daughter;
(p) grandparent;
(q) grandchild;
(r) nephew;
(s) niece;
(t) uncle;
(u) aunt;
(v) mother-in-law;
(w) father-in-law.
7.1.17(4)
For paragraph (1)(a), property is taken to be wholly or predominantly used for personal, domestic or household purposes if the insured gives the insurer a statement, before the insurance product is issued, that the property is intended to be used wholly or predominantly for 1 or more of those purposes.
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