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CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS    View history reference

PART 7.8 - OTHER PROVISIONS RELATING TO CONDUCT ETC. CONNECTED WITH FINANCIAL PRODUCTS AND FINANCIAL SERVICES, OTHER THAN FINANCIAL PRODUCT DISCLOSURE    View history reference

Division 4 - Special provisions relating to insurance    View history reference

SECTION 985B  STATUS OF AMOUNTS PAID TO FINANCIAL SERVICES LICENSEES IN RESPECT OF CONTRACTS OF INSURANCE  

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985B(1)  [Where financial services licensee not insurer]  


If:


(a) a contract of insurance is arranged or effected by a financial services licensee; and


(b) the licensee is not the insurer;

payment to the licensee of money payable (whether in respect of a premium or otherwise) by the insured under or in relation to the contract is a discharge, as between the insured and the insurer, of the liability of the insured to the insurer in respect of that money.

985B(2)  [Payment by intending insured]  


Payment to a financial services licensee by or on behalf of an intending insured of money (whether in respect of a premium or otherwise) in respect of a contract of insurance to be arranged or effected by the licensee with an insurer (not being the licensee) is a discharge, as between the insured and the insurer, of any liability of the insured under or in respect of the contract, to the extent of the amount of the payment.

985B(3)  [Payment by an insurer]  


Payment by an insurer to a financial services licensee of money payable to an insured, whether in respect of a claim, return of premiums or otherwise, under or in relation to a contract of insurance, does not discharge any liability of the insurer to the insured in respect of that money.

985B(4)  [Agreement void]  


An agreement, so far as it purports to alter or restrict the operation of subsection (1), (2) or (3), is void.

985B(5)  [Set-off]  


Subsection (4) does not make void an agreement between a financial services licensee and an insured in so far as the agreement allows the licensee to set off against money payable to the insured money payable by the insured to the licensee in respect of premiums.


 



This information is provided by CCH Australia Limited. View the disclaimer and notice of copyright.
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