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INSURANCE LAWS AMENDMENT BILL (NO. 2) 1993

Order of the day read for the adjourned debate on the motion of the

Parliamentary Secretary to the Minister for Primary Industries and

Energy (Senator Sherry)--That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the

bill.

In the committee

Bill taken as a whole by leave.

On the motion of Senator Sherry the following amendments, taken together

by leave, were agreed to:

Schedule, page 4, proposed amendments of the Insurance Contracts Act

1984, item 4, subsection 11C(1), after "The Commissioner may,", insert

"for any purpose connected with the general administration of this

Act,".

Schedule, page 5, proposed amendments of the Insurance Contracts Act

1984, item 4, paragraph 11C(3)(a), omit "the person", substitute "that

person, or another person having an entitlement to claim under that

insurance cover,".

Schedule, page 5, proposed amendments of the Insurance Contracts Act

1984, item 4, subsection 11D(1), after "The Commissioner may,", insert

"for any purpose connected with the general administration of this

Act,".

Schedule, page 5, proposed amendments of the Insurance Contracts Act

1984, item 4, subsection 11D(1), omit all words after paragraph (b),

substitute the following word and paragraph:

"or (c) copies of any training guides, work manuals or other materials

of a similar nature used by an insurer in instructing its

employees or any insurance intermediaries dealing with persons

who have, or may be likely to seek, insurance cover from the

insurer.".

Schedule, page 5, proposed amendments of the Insurance Contracts Act

1984, item 4, subsection 11D(2), omit the subsection, substitute the

following subsection:

""(2) An insurer must not, intentionally or recklessly, give the

Commissioner, in purported compliance with a requirement under

subsection (1), particulars or statistics that are false or misleading

in a material particular.

Penalty: 150 penalty units.".

Schedule, page 5, proposed amendments of the Insurance Contracts Act

1984, item 4, paragraph 11D(4)(a), after "particular insured", insert

"or third party claimant".

Schedule, page 5, proposed amendments of the Insurance Contracts Act

1984, item 4, paragraph 11D(4)(b), after "particular insured", insert

"or third party claimant".

Schedule, page 5, proposed amendments of the Insurance Contracts Act

1984, item 4, at end of section 11D, add the following subsection:

""(6) In this section:

"third party claimant" means a person, other than the insured, who is,

or might be, entitled to make a claim under a contract of insurance.".

Schedule, page 8, proposed amendments of the Insurance Contracts Act

1984, item 5, subsection 15(2), after paragraph (b), insert "; but does

not include relief in the form of compensatory damages".

Bill, as amended, debated and agreed to.

Bill to be reported with amendments.

The Deputy President (Senator Crichton-Browne) resumed the Chair and the

Temporary Chairman of Committees (Senator McGauran) reported

accordingly.

On the motion of Senator Sherry the report from the committee was

adopted and the bill read a third time.