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COMMONWEALTHAct
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s 15

Certain other laws not to apply

In force
Part IIThe duty of the utmost good faith

15 Certain other laws not to apply

(1)

A contract of insurance is not capable of being made the subject of relief under:

(a)

any other Act; or

(b)

a State Act; or

(c)

an Act or Ordinance of a Territory.

(2)

Relief to which subsection (1) applies means relief in the form of:

(a)

the judicial review of a contract on the ground that it is harsh, oppressive, unconscionable, unjust, unfair or inequitable; or

(b)

relief for insureds from the consequences in law of making a misrepresentation;

but does not include:

(c)

relief in the form of compensatory damages; or

(d)

relief relating to the effect of section 12BF (unfair contract terms) of the Australian Securities and Investments Commission Act 2001.

Note:

See Subdivision G (enforcement and remedies) of Division 2 of Part 2 of the Australian Securities and Investments Commission Act 2001 for certain remedies relating to the effect of section 12BF of that Act.

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