Document ID: chunk:federal_register_of_legislation:F2024C00190:reg:5b:p1
Version: federal_register_of_legislation:F2024C00190
Segment Type: reg
Provision Reference: reg 5B (pt 1/4)
Character Range: 10765–13365

5B  Definition of pool insurance contract

Definition for the purposes of paragraph 8B(3)(a) of the Act
 (1) For the purposes of paragraph 8B(3)(a) of the Act:
home building, in relation to a contract of insurance, means:
 (a) any of the following that is located on a site specified in the contract:
 (i) a building used, or intended to be used, principally and primarily as a place of residence, whether by the insured or another person;
 (ii) an out‑building, fixture or structural improvement used for domestic purposes that are related to the use of a building covered by subparagraph (i);
 (iii) a caravan or moveable home that is fixed to the site and is used, or intended to be used, principally and primarily as a place of residence, whether by the insured or another person; or
 (b) fixed wall coverings, fixed ceiling coverings and fixed floor coverings (other than carpets) in anything covered by subparagraph (a)(i), (ii) or (iii); or
 (c) a service (whether underground or not):
 (i) that is in, or connected to, anything covered by subparagraph (a)(i), (ii) or (iii); and
 (ii) that is the property of the insured, or that the insured is liable to repair or replace or to pay the cost of repairing and replacing; or
 (d) a fence that:
 (i) is wholly or partly on the site; and
 (ii) surrounds anything covered by subparagraph (a)(i), (ii) or (iii); and
 (iii) is not used principally and primarily for the purposes of a farm business within the meaning of paragraph 8B(7)(b) of the Act (including anything covered by a subparagraph of that paragraph); or
 (e) a gate in a fence covered by paragraph (d) of this definition;
but does not include:
 (f) a hotel; or
 (g) a motel; or
 (h) a boarding house; or
 (i) an aged care facility; or
 (j) a building that is in the course of construction; or
 (k) a temporary building or structure; or
 (l) a demountable or moveable structure (except one covered by subparagraph (a)(iii) of this definition).
 (2) A definition in subregulation (1) applies to a part of a building in the same way as it applies to a building.
 (3) Nothing in paragraphs (b), (c) and (d) of the definition of home building in subregulation (1) is intended to limit the generality of anything in paragraph (a) of that definition.

Definitions for the purposes of paragraph 8B(3)(b) of the Act
 (4) For the purposes of paragraph 8B(3)(b) of the Act:
contents of a home building, in relation to a contract of insurance, means the following items of property:
 (a) items that are located in the home building, or elsewhere on a site that is specified in the contract and on