Document ID: chunk:federal_register_of_legislation:C2021C00236:section:41d
Version: federal_register_of_legislation:C2021C00236
Segment Type: section
Provision Reference: s 41D
Character Range: 75482–76587

41D  Insurer's liability not affected by exclusions or breaches
 (1) Except as prescribed by the regulations, an insurer's liability under a contract of insurance to indemnify the carrier against personal injury liability to the extent mentioned in subsection 41C(3) is not affected by any warranty or exclusion in the contract of insurance or by any breach of the contract of insurance by the carrier.

Regulations may provide for Secretary to determine exclusions
 (2) Without limiting the regulations that may be made for the purposes of subsection (1), the regulations may confer a power on the Secretary of the Department to make a determination, by legislative instrument, in relation to exclusions of liability.
 (3) If the regulations make provision as mentioned in subsection (2), the regulations may also provide for the Secretary of the Department to delegate that power to a SES employee, or an acting SES employee, in the Department.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Division 2—Insurance requirements