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Wednesday, 9 May 1984
Page: 1816


Senator GARETH EVANS —(Victoria-Attorney-General) (12.42)-by leave-I move:

(41) Page 24, clause 64, sub-clause (1), line 8, after 'insurance', insert ' other than a blanket superannuation contract'.

(42) Page 24, clause 64, at the end of the clause, add the following sub-clause ''

'(4) If the policy document in relation to a contract of life insurance is sent to the insured by post, that policy document shall be deemed, for the purposes of sub-section (1), to have been received by the insured at the time at which it would have been delivered in the ordinary course of post unless the insured proves that, through no fault of his own, he did not receive it.'.

(43) Page 24, clause 65, sub-clause (1), line 19, leave out 'This section', insert 'Subject to sub-section (1A), this section'.

(44) Page 24, clause 65, after sub-clause (1), insert the following sub-clause:

'(1A) This section does not apply where the conduct of the third party that gave rise to the loss-

(a) occurred in the course of or arose out of his employment by the insured; or

(b) was serious or wilful misconduct.'.

(45) Page 25, clause 67, lines 23 to 25, leave out sub-clause (2), insert the following sub-clause:

(2) Unless the contract expressly provides otherwise, the insured may not recover under sub-section (1)-

(a) an amount greater than the amount (if any) by which the amount recovered by the insurer exceeds the amount paid to the insured by the insurer in relation to the loss; or

(b) an amount that, together with the amount paid to the insured under the contract, is greater than the the amount of the insured's loss.'.

(46) Page 25, clause 67, at the end of the clause, add the following sub-clause :

'(4) A reference in this section to an amount recovered by an insurer shall be construed as a reference to the amount so recovered less the administrative and legal costs incurred in connection with the recovery of the amount.'.

(47) Page 26, clause 69, paragraph (1) (a), line 6, after 'into' insert 'or before a loss occurred'.

(48) Page 26, clause 69, paragraph (1) (d), lines 11 and 12, leave out 'as soon as it is reasonably practicable to do so', insert 'within 14 days after the day on which the contract was entered into or the loss occurred, as the case may be' .

(49) Page 26, clause 69, paragraph (2) (a), line 15, after 'into', insert ''or before a loss occurred''.

(50) Page 26, clause 69, sub-clause (2), lines 18 and 19, leave out 'if the information is given in writing as soon as it is reasonably practicable to do so ', insert, 'and the information shall be deemed to have been given, if the information is given in writing within 14 days after the day on which the contract was entered into or the loss occurred, as the case may be'.

(51) Page 26, clause 69, sub-clause (3), lines 21 and 22, leave out 'but at a time later than the time at which it became reasonably practicable for it to have been so given', insert 'or the loss incurred, as the case may be, but at a time later than 14 days after the day on which the contract was entered into or the loss occurred, as the case may be'.

(52) Page 26, clause 69, paragraph (3) (a), lines 24 and 25, leave out 'at the time at which it became reasonably practicable for the information to have been so given', insert 'at the expiration of 14 days after the day on which the contract was entered into or the loss occurred, as the case may be'.

(53) Page 26, clause 69, paragraph (3) (b), line 30, after 'into', insert 'or the loss occurred, as the case may be'.

These amendments are uncontroversial.

Amendments agreed to.

Clauses, as amended, agreed to.

Clause 71 (Agency).