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s 9A

Exclusion of pleasure craft from the Marine Insurance Act 1909

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Part IPreliminary

9A Exclusion of pleasure craft from the Marine Insurance Act 1909

(1)

The Marine Insurance Act 1909 does not apply to a contract of marine insurance made in respect of a pleasure craft unless the contract is made in connection with the pleasure craft’s capacity as cargo.

(2)

For the purposes of this section, a pleasure craft is a ship that is:

(a)

used or intended to be used:

(i)

wholly for recreational activities, sporting activities, or both; and

(ii)

otherwise than for reward; and

(b)

legally and beneficially owned by one or more individuals; and

(c)

not declared by the regulations to be exempt from this subsection.

(3)

For the purposes of paragraph (2)(a), any minor, infrequent and irregular use of a ship for activities other than:

(a)

recreational activities; or

(b)

sporting activities;

is to be ignored.

(4)

In this section:

contract of marine insurance has the same meaning as in the Marine Insurance Act 1909.

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Section 9A — Exclusion of pleasure craft from the Marine Insurance Act 1909 — Insurance Contracts Act 1984 (Commonwealth) — Barrister AI