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Monday, 7 May 1984
Page: 1688

Senator GARETH EVANS (Attorney-General)(10.15) —In relation to these clauses the Government moves four amendments; amendments Nos 22 to 24 on sheet 37 and amendment No. 2 on sheet 38. The effect of the amendments, I think, has been sufficiently explained in my second reading reply. I move:

(22) Page 12, clause 33, lines 9 to 18, leave out the clause, insert the following clause:

Non-disclosure or misrepresentation by member of scheme

'33. This Division extends to the case where there was a failure to comply with the duty of disclosure, or a misrepresentation was made, to the insurer under a blanket superannuation contract in respect of a proposed member of the relevant superannuation or retirement scheme as though-

(a) the insurance cover provided by that contract in respect of that member were provided by an individual superannuation contract between the insurer as insurer and the trustee for the purposes of the scheme as the insured; and

(b) that contract had been entered into at the time when the proposed member became a member of the scheme.'.

(23) Page 13, clause 36, lines 12 and 13, leave out 'a person in the circumstances of the insured could reasonably be expected to have known', insert 'a reasonable person in the circumstances could be expected to have known'.

(24) Page 13, clause 37, line 30, leave out 'a risk is a prescribed risk', insert 'an event is a prescribed event'.

(2) Page 13, clause 36, line 24, leave out '28', substitute '60'.

Amendments agreed to.

Clauses, as amended, agreed to.

Clause 38 (Notification of unusual terms).