Commonwealth Consolidated Acts

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INSURANCE ACT 1973 - SECT 100

Act not to affect certain State and Territory laws

    Subject to section   99, it is the intention of the Parliament that no provision of this Act shall apply to the exclusion of a law of a State or Territory in so far as that law has the effect of:

  (a)   prohibiting a person from carrying on, or affecting the right of a person to carry on, insurance business by reason only of the person's failure to comply with that law in relation to the payment of an amount of money by way of stamp duty or otherwise;

  (b)   requiring a specified contract of insurance or a contract included in a specified class of contracts of insurance to be made with a specified person or a person included in a specified class of persons;

  (c)   prohibiting a person other than a specified person or a person included in a specified class of persons, from carrying on specified insurance business or insurance business included in a specified class of insurance business or from undertaking liability under a specified contract of insurance or a contract included in a specified class of contracts of insurance;

  (d)   requiring a person authorized under this Act to carry on insurance business:

  (i)   to carry on any specified insurance business or insurance business included in a specified class of insurance business; or

  (ii)   to undertake liability under a specified contract of insurance or a contract of insurance included in a specified class of contracts of insurance;

  (e)   limiting or affecting:

  (i)   the class or classes of insurance business that a person authorized under this Act to carry on insurance business may carry on; or

  (ii)   the class or classes of contracts of insurance under which such a person may undertake liability; or

  (f)   making provision for or in relation to a prescribed matter.


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