Commonwealth Consolidated Acts

INSURANCE CONTRACTS ACT 1984 - SECT 15

  (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.