Liabilities on Commonwealth insurers—special condition
187 Liabilities on Commonwealth insurers—special condition
In this section—
Commonwealth insurer means a company authorised to carry on insurance business under the Insurance Act 1973 of the Commonwealth or a company registered under the Life Insurance Act 1945 of the Commonwealth.
licensed insurer includes an insurer formerly licensed under this Division.
It is a condition of a licence granted under this Division that the licensed insurer will not, without the approval of the Authority and the concurrence of the Treasurer of the Commonwealth, enter into a contract or arrangement whereby a Commonwealth insurer is or may become liable to pay any money to or on behalf of the licensed insurer.
A contract or an arrangement is not invalid merely because it has been entered into in contravention of subsection (2).
The Supreme Court may, on the application of the Authority or the Treasurer of the Commonwealth, declare invalid a contract or arrangement entered into in contravention of subsection (2) if satisfied that the declaration will not prejudice the rights arising out of the contract or arrangement of any person who entered into the contract or arrangement in good faith and without knowledge of the contravention.
(Repealed)
This Act’s bill:Explanatory memorandum
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