Document ID: chunk:federal_register_of_legislation:F2019L01172:reg:13
Version: federal_register_of_legislation:F2019L01172
Segment Type: reg
Provision Reference: reg 13
Character Range: 9883–12030

13  Effect of failure to give notice under section 12
 (1) This section is made for the purposes of paragraph 41K(e) of the Act.
 (2) If, in relation to a contract of insurance, an event described in subsection 12(2) occurs, but the insurer does not give CASA notice of the event as required by subsections 12(2) and (3), then, despite anything in the contract of insurance, the contract remains in force until the earliest of the following:
 (a) the time when the carrier obtains from the same or another insurer an acceptable contract of insurance;
 (b) if the insurer subsequently gives the notice—3 business days after CASA receives the notice;
 (c) if the insurer does not give the notice before the end of 3 months after the day the event happens—the end of that period.
 (3) If, in relation to a contract of insurance, the contract is not renewed, and the insurer does not give CASA notice of the non‑renewal as required by subsection 12(4), then, despite anything in the contract of insurance, the contract remains in force until the earliest of the following:
 (a) the time when the carrier obtains from the same or another insurer an acceptable contract of insurance;
 (b) if the insurer subsequently gives the notice—3 business days after CASA receives the notice;
 (c) if the insurer does not give the notice before the end of 3 months after the day the contract expires—the end of that period.
 (4) If, in relation to a contract of insurance, a terminating event occurs, but the insurer does not give CASA notice as required by subsection 12(5), then, despite anything in the contract of insurance, the contract continues in force until the earliest of the following:
 (a) the time when the insured carrier obtains from the same or another insurer an acceptable contract of insurance;
 (b) if the insurer subsequently gives the notice—3 business days after CASA receives the notice;
 (c) if the insurer does not give the notice before the end of 3 months after the day the event happens—the end of that period.

Part 5—Application, saving and transitional provisions

Division 1—Civil Aviation (Carriers' Liability) Regulations 2019