Document ID: chunk:federal_register_of_legislation:C2004A03409:body:0:p22
Version: federal_register_of_legislation:C2004A03409
Segment Type: other
Provision Reference: 
Character Range: 52998–55667

to give information to the insured at or before a variation of the relevant contract of insurance, but only to the extent that the information relates to the provision or provisions varied or proposed to be varied.
"(11) Where a provision of this Act requires anything to be done before a particular contract is entered into, it is sufficient compliance with that provision if that thing is done at the time when the contract is entered into.".
Section 37—
Omit all the words after "contract was entered into", substitute "the insurer clearly informed the insured in writing of the effect of the provision (whether by providing the insured with a document containing the provisions, or the relevant provisions, of the proposed contract or otherwise)".
Sub-section 49 (2)—
After "to the insured" (first occurring), insert "in respect of the particular claim".
Section 49—
Add at the end the following sub-section:
"(6) Where—
     (a) the amount of the insurer's notional liability exceeds the amount of the liability to the insured in respect of the loss;
     (b) the insurer has paid to the insured the amount of the notional liability; and
     (c) the insurer did not know, and could not reasonably be expected to have known, that a person other than the insured had an interest in the property,
sub-section (3) does not apply, but a person who is not the insured may recover from the insured an amount that bears to the amount of the notional liability the same proportion as the value of that person's interests in the property bears to the total value of all persons' interests in the property.".
Sub-section 58 (2)—
After "insured" insert "or a person acting as agent for the insured".
Section 69—
Add at the end the following sub-section:
"(4) Where—

SCHEDULE 1—continued
     (a) by reason of this Act, information in relation to a contract of insurance is to be or may be given in writing by the insurer to a person before, or at the time when, the contract is entered into;
     (b) it is reasonably practicable for the information to be so given; and
     (c) the information is not so given, but is given in writing at a later time,
the rights of a person other than the insurer in respect of a loss that occurred after the contract was entered into but before the information was given are the same as though the information had not been given.".
Sub-section 71 (1)—
After "Act" insert "(other than sub-section 58 (2))".
Paragraph 73 (1) (c)—
Omit "the" (first occurring).

Interstate Road Transport Act 1985
Sub-section 3 (1)—
After the definition of "heavy motor vehicle" insert the following definition:
     " 'insurance' includes participation in a