Document ID: chunk:federal_register_of_legislation:C2008A00105:clause:2_62zzj
Version: federal_register_of_legislation:C2008A00105
Segment Type: clause
Provision Reference: sch 2 cl 62ZZJ
Character Range: 52146–53692

62ZZJ  Determinations APRA must make on application

Determination that person meets conditions prescribed

 (1) Subsection (2) has effect if a person applies to APRA, in the form (if any) approved by APRA for the purposes of this subsection, for a determination that the person meets the conditions prescribed by the regulations for the purposes of paragraph 62ZZF(3)(b) or 62ZZG(3)(b).

 (2) APRA must determine in writing, as soon as reasonably practicable after the application is made, whether the person meets the conditions.

Determination that person may recover amount from insurer

 (3) Subsection (4) has effect if a person applies to APRA, in the form (if any) approved by APRA for the purposes of this subsection, for a determination that APRA is satisfied that section 51 of the Insurance Contracts Act 1984 permits the person to recover an amount from a general insurer because of insurance cover the insurer provided under a protected policy the insurer issued before becoming a declared general insurer.

 (4) APRA must determine in writing, as soon as reasonably practicable after the application is made:
 (a) whether APRA is satisfied that section 51 of the Insurance Contracts Act 1984 permits the person to recover an amount from the general insurer because of the insurance cover; and
 (b) what that amount (if any) is.

Giving applicant notice of determination

 (5) As soon as reasonably practicable after making a determination under subsection (2) or (4), APRA must give the applicant a copy of the determination.