Document ID: chunk:federal_register_of_legislation:C2024C00063:section:9:p1
Version: federal_register_of_legislation:C2024C00063
Segment Type: section
Provision Reference: s 9 (pt 1/2)
Character Range: 12991–15633

9  Exceptions to application of Act
 (1) Except as otherwise provided by this Act, this Act does not apply to or in relation to contracts and proposed contracts:
 (a) of reinsurance; or
 (b) of insurance entered into, or proposed to be entered into, by a private health insurer within the meaning of the Private Health Insurance Act 2007 in respect of its health insurance business within the meaning of Division 121 of that Act; or
 (ba) of insurance entered into, or proposed to be entered into, by a private health insurer within the meaning of the Private Health Insurance Act 2007 in respect of its health‑related business within the meaning of section 131‑15 of that Act that is conducted through a health benefits fund (as defined by section 131‑10 of that Act); or
 (c) of insurance entered into, or proposed to be entered into, by a friendly society; or
 (ca) of insurance entered into, or proposed to be entered into, by the Export Finance and Insurance Corporation, other than short‑term insurance contracts within the meaning of the Export Finance and Insurance Corporation Act 1991 that are entered into on or after the commencement of this paragraph; or
 (d) to or in relation to which the Marine Insurance Act 1909 applies; or
 (e) entered into or proposed to be entered into for the purposes of a law (including a law of a State or Territory) that relates to:
 (i) workers' compensation; or
 (ii) compensation for the death of a person, or for injury to a person, arising out of the use of a motor vehicle; or
 (f) entered into or proposed to be entered into:
 (i) for the purposes of a law (including a law of a State or a Territory) that relates to workers' compensation; and
 (ii) to provide insurance cover in respect of an employer's liability under a rule of the common law that requires payment of damages to a person for employment‑related personal injury.
 (1A) If a contract of insurance, or a proposed contract of insurance, includes:
 (a) provisions (the first group of provisions) that would, if they comprised a single contract or proposed contract, form a contract referred to in any of paragraphs (1)(a) to (f); and
 (b) provisions (the second group of provisions) that would, if they comprised a single contract or proposed contract, form a contract other than a contract referred to in any of paragraphs (1)(a) to (f);
then subsection (1) applies as if 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