Document ID: chunk:federal_register_of_legislation:F2021C00206:reg:16:p3
Version: federal_register_of_legislation:F2021C00206
Segment Type: reg
Provision Reference: reg 16 (pt 3/4)
Character Range: 22642–25193

was given or impliedly given, that that person was not so authorised;
 (h) destruction or damage, or the incurring of a liability as mentioned in paragraph (1)(c) or (d), at a time when:
 (i) a person other than the insured is driving the motor vehicle with the express or implied consent of the insured; and
 (ii) that person is under the influence of intoxicating liquor or of a drug;
  and the insured knew or should reasonably have known, at the time when the consent was given or impliedly given, that that person was or was to be at the relevant time under that influence;
 (i) destruction or damage, or the incurring of a liability as mentioned in paragraph (1)(c) or (d), as a result of:
 (i) the expropriation of the motor vehicle, trailer or caravan; or
 (ii) war or warlike activities; or
 (iii) the use, existence or escape of nuclear weapons material, or ionising radiation from, or contamination by radioactivity from, any nuclear fuel or nuclear waste from the combustion of nuclear fuel; or
 (iv) the unroadworthy or unsafe condition of the motor vehicle, caravan or trailer concerned, being a condition that was known to the insured, or should reasonably have been known to the insured, at the time of the occurrence of the loss or damage or the incurring of the liability;
 (j) destruction or damage intentionally caused by, or a liability as mentioned in paragraph (1)(c) or (d) intentionally incurred by, the insured or a person acting with the express or implied consent of the insured;
 (k) destruction or damage occurring as a result of the insured failing to take steps that are, in the circumstances, reasonable for the security of the motor vehicle after accidental damage has occurred to it;
 (l) the incurring of a liability as mentioned in paragraph (1)(c) or (d) (whether to the insured or to some other person) in respect of damage to property that belongs to, or is in the custody of, the person so liable;
 (m) the incurring of a liability as mentioned in paragraph (1)(c) or (d) by a person other than the insured at a time when that person is driving the motor vehicle and:
 (i) is not authorised under the law in force in the State or Territory in which the motor vehicle is being driven, being a law with respect to the licensing of drivers of motor vehicles, to drive the motor vehicle; or
 (ii) is under the influence of intoxicating liquor or of a drug;
 (n) the incurring of a liability to pay compensation or damages in respect of loss or damage, if:
 (i) the loss or damage occurred as a result of the use of