Document ID: chunk:federal_register_of_legislation:C2024C00063:section:75:p2
Version: federal_register_of_legislation:C2024C00063
Segment Type: section
Provision Reference: s 75 (pt 2/2)
Character Range: 132384–134063

contract of life insurance;
 (b) cancels such a contract;
 (c) indicates to the insured that the insurer does not propose to renew the insurance cover provided under such a contract; or
 (d) by reason of some special risk relating to the life insured, offers life insurance cover to the insured on terms that are less advantageous to the insured than the terms that the insurer would otherwise offer;
the insurer shall, if the life insured so requests in writing given to the insurer, give to the life insured a statement in writing setting out the insurer's reasons for not accepting the offer, for cancelling the contract, for not renewing the insurance cover or for offering life insurance cover on less advantageous terms, as the case may be, being reasons that relate to the state of health of the life insured.
Penalty: 300 penalty units.
 (6) The insurer may require the life insured to inform the insurer in writing of the name of a legally qualified medical practitioner to whom the statement may be given on behalf of the life insured and, where the statement is given to the medical practitioner so nominated, the insurer shall be taken to have complied with subsection (5) in relation to the request.
 (7) It is a defence to a prosecution for an offence arising under this section if the insurer proves that compliance with this section would have unreasonably put at risk the interests of the insurer or of some other person.
Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (7), see section 13.4 of the Criminal Code.

Part IXA—Enforcement

Division 1—Civil penalty provisions

Subdivision A—Obtaining a pecuniary penalty order