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Monday, 7 May 1984
Page: 1689


Senator DURACK(10.17) —I now move the Opposition's amendment to clause 38. I move:

(2) Page 13, clause 38, after paragraph (b), insert the following new paragraph :

'(c) the contract was arranged by a broker acting as the agent of the insured.' .

Clause 38 prescribes that an insurer will not rely upon an unusual term in a policy unless notice of it was provided at the time the policy was effected. The object of this is to extend it to where the policy was effected by a broker acting for the insured so that in those circumstances the broker would be responsible to notify the client of anything unusual. That is a simple extension of that particular benefit to where there is a broker.