Document ID: chunk:federal_register_of_legislation:C2025C00157:section:116a:p1
Version: federal_register_of_legislation:C2025C00157
Segment Type: section
Provision Reference: s 116A (pt 1/2)
Character Range: 445112–447765

116A  Assets and liabilities in Australia
 (1) For the purposes of sections 28, 62M, 62ZZC and 62ZZE, an amount is taken to be an asset in Australia of a general insurer if:
 (a) the insurer expects to recover the amount under a contract of reinsurance entered into with a person who is outside Australia; and
 (b) the amount relates to claims in respect of liabilities in Australia of the insurer, whether or not the claims have been paid by the insurer; and
 (c) under the terms of the contract, payments by way of reinsurance are to be made in Australia.
Note 1: Section 28 requires general insurers to hold sufficient assets.
Note 2: Section 62M provides for the appointment of a judicial manager for a foreign general insurer if its assets in Australia referred to in that section are, or are likely to become, insufficient to enable it to meet its liabilities in Australia other than pre‑authorisation liabilities as they become due.
Note 3: Sections 62ZZC and 62ZZE are concerned with APRA believing a foreign general insurer is unable to pay, from its assets in Australia referred to in those sections, all its debts that are liabilities in Australia other than pre‑authorisation liabilities, as and when those debts become due and payable.
 (2) For the purposes of sections 28, 62M, 62ZZC, 62ZZE and 116, a liability is taken to be a liability in Australia of a general insurer if it is undertaken by the insurer under a contract of insurance (including reinsurance) made in Australia or in respect of which a proposal was accepted or a policy issued in Australia, other than a contract:
 (a) that relates only to a liability contingent on an event that can happen only outside Australia, not being a liability that the body corporate has undertaken to satisfy in Australia; or
 (b) if the insurer carries on insurance business both in and outside Australia—that relates only to a liability that the insurer has undertaken to satisfy outside Australia.
Note: Subsection 116(3) gives priority to discharge of liabilities in Australia when a general insurer is being wound up.
 (3) For the purposes of sections 28, 62M, 62ZZC, 62ZZE and 116, a liability is also taken to be a liability in Australia of a general insurer if it is undertaken by the insurer under a contract of insurance (including reinsurance) made outside Australia or in respect of which a proposal was accepted or a policy issued outside Australia, if the contract:
 (a) relates to a liability contingent on an event that can happen only in Australia; or
 (b) if the insurer carries on insurance business both in and outside Australia—relates to a liability that the insurer has