Document ID: chunk:federal_register_of_legislation:C2024C00063:section:9:p2
Version: federal_register_of_legislation:C2024C00063
Segment Type: section
Provision Reference: s 9 (pt 2/2)
Character Range: 15378–17568

the first group of provisions and the second group of provisions were each a separate contract or proposed contract.
 (1B) Despite subsection (1A), if a contract of insurance, or a proposed contract of insurance, includes:
 (a) provisions (the first group of provisions) for the purposes of a law referred to in subparagraph (1)(f)(i); and
 (b) provisions (the second group of provisions) that provide insurance cover of the kind referred to in subparagraph (1)(f)(ii);
then subsection (1) applies as if the first group of provisions and the second group of provisions were together a separate contract or proposed contract.
 (1C) If:
 (a) a provision (a related provision) of a contract of insurance, or a proposed contract of insurance, relates to or affects the operation of a group or groups of provisions included in the contract or proposed contract; and
 (b) because of subsection (1A) or (1B), subsection (1) applies as if that group or those groups of provisions were a separate contract or proposed contract;
then the related provision is, for the purposes of subsection (1), to be regarded as a provision included in that separate contract or proposed contract.
 (2) This Act does not apply to or in relation to contracts and proposed contracts of insurance entered into, or proposed to be entered into, in the course of State insurance or Northern Territory insurance, including contracts and proposed contracts entered into, or proposed to be entered into, by:
 (a) a State or the Northern Territory; and
 (b) some other insurer;
as joint insurers.
 (3) Sections 37, 41, 58, 59, 60, 63, 69 and 74 do not apply in relation to contracts, and proposed contracts, of insurance against the risk of the loss of an aircraft, or damage to the hull of an aircraft, as a result of war.
 (4) Sections 53 and 63 do not apply in relation to a provision of a contract, or a proposed contract, of insurance to the extent that:
 (a) the provision authorises or permits the insurer to vary or cancel either or both of the following:
 (i) cover for risks related to war;
 (ii) cover for risks related to terrorism; and
 (b) the provision is prescribed or otherwise identified by the regulations.