Commonwealth Consolidated Acts

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INSURANCE CONTRACTS ACT 1984 - SECT 12

This Part not to be read down

                   The effect of this Part is not limited or restricted in any way by any other law, including the subsequent provisions of this Act, but this Part does not have the effect of imposing on an insured, in relation to the disclosure of a matter to the insurer, a duty other than:

                     (a)  in relation to a consumer insurance contract or proposed consumer insurance contract--the duty to take reasonable care not to make a misrepresentation; or

                     (b)  in relation to any other contract of insurance or proposed contract of insurance--the duty of disclosure.

Note:          This Part operates in addition to the unfair contract terms provisions of the Australian Securities and Investments Commission Act 2001 (see paragraph 15(2)(d) of this Act).



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