Document ID: chunk:federal_register_of_legislation:C2013A00075:clause:4_21b:p2
Version: federal_register_of_legislation:C2013A00075
Segment Type: clause
Provision Reference: sch 4 cl 21B (pt 2/3)
Character Range: 22706–25342

(b) also requests (other than in accordance with paragraph (3)(a)) the insured to disclose to the insurer any other matter that would be covered by the duty of disclosure in relation to the renewed contract;
then the insurer is taken to have waived compliance with the duty of disclosure in relation to that other matter.
Note: This subsection is affected by subsection (12).

Position of the insured
 (7) If:
 (a) the insurer makes a request in accordance with paragraph (3)(a), but does not give the insured a copy of any matter previously disclosed by the insured or make a request in accordance with paragraph (3)(b); and
 (b) before the contract is renewed, the insured discloses, in answer to each specific question included in the request, each matter that:
 (i) is known to the insured; and
 (ii) a reasonable person in the circumstances could be expected to have disclosed in answer to that question;
then the insured is taken to have complied with the duty of disclosure in relation to the renewed contract.
Note: This subsection is affected by subsection (12).
 (8) 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), but does not make a request in accordance with paragraph (3)(a); and
 (b) before the contract is renewed, the insured:
 (i) discloses any change to the matter; or
 (ii) if there is no change to the matter—informs the insurer that there is no change to the matter;
then the insured is taken to have complied with the duty of disclosure in relation to the renewed contract.
Note: This subsection is affected by subsection (12).
 (9) If:
 (a) the insurer:
 (i) makes a request in accordance with paragraph (3)(a); and
 (ii) 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:
 (i) discloses each matter referred to in paragraph (7)(b); and
 (ii) does either of the things referred to in paragraph (8)(b);
then the insured is taken to have complied with the duty of disclosure in relation to the renewed contract.
Note: This subsection is affected by subsection (12).
 (10) 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 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