Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12dw
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12DW
Character Range: 172727–174261

12DW  Exception for comprehensive motor vehicle insurance
 (1) Section 12DQ does not apply in relation to the sale of an add‑on insurance product by a person if the add‑on insurance product provides insurance cover:
 (a) to an individual who:
 (i) wholly or partly owns a motor vehicle; or
 (ii) has the use of a motor vehicle under a lease of at least 4 months' duration; and
 (b) in respect of all of the following (whether or not the product also provides insurance cover in respect of other matters):
 (i) loss of, or damage to, the motor vehicle resulting from an accident;
 (ii) loss of, or damage to, property of another person resulting from an accident in which the motor vehicle is involved;
 (iii) loss of, or damage to, the motor vehicle caused by fire, theft or malicious acts.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code.
 (2) Sections 12DR and 12DS do not apply in relation to an offer to issue or sell an add‑on insurance product described in subsection (1) of this section, or a request or invitation to ask or apply for such an add‑on insurance product.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) In this section:
motor vehicle means a motor‑powered vehicle that:
 (a) is designed to travel by road; and
 (b) is designed to carry passengers, or is a motorcycle; and
 (c) does not have a carrying capacity that exceeds 2 tonnes.