Document ID: chunk:federal_register_of_legislation:C2013A00075:clause:4_21b:p3
Version: federal_register_of_legislation:C2013A00075
Segment Type: clause
Provision Reference: sch 4 cl 21B (pt 3/3)
Character Range: 25134–26914

the insured does not disclose any change to the matter;
then the insured is taken to have informed the insurer that there is no change to the matter.
 (11) If:
 (a) the insurer gives the insured a copy of any matter previously disclosed by the insured and makes a request in accordance with paragraph (3)(b); and
 (b) before the contract is renewed, the insured informs the insurer under subsection (8) or (9), or is taken to have informed the insurer under subsection (10), that there is no change to the matter;
then neither subsection 21(3) nor section 27 applies in relation to any failure by the insured to disclose any change to the matter.

Effect of failure to comply with duty of disclosure in relation to original contract of insurance or previous renewal
 (12) If the insured failed to comply with the duty of disclosure in relation to the contract as originally entered into or any renewal of that contract, then, despite any other provision of this section:
 (a) the insurer is not taken to have waived compliance with the duty of disclosure in relation to the earlier failure; and
 (b) the insured is not taken to have complied with the duty of disclosure in relation to the earlier failure.

Definitions
 (13) In this section:
change, to a matter previously disclosed by an insured in relation to an eligible contract of insurance, means a change to the matter that:
 (a) is known to the insured; and
 (b) a reasonable person in the circumstances could be expected to disclose in relation to that matter.
eligible contract of insurance has the same meaning as in section 21A.
renewed contract means an eligible contract of insurance that is entered into by way of renewal.
transition period means the period of 30 months beginning on the day this section commences.