Commonwealth Numbered Regulations

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INSURANCE CONTRACTS REGULATIONS 2017 (F2017L01658) - REG 31

Prescribed events

             (1)  The following, except in so far as they are excluded by subsection (2), are declared to be prescribed events in relation to a contract referred to in section 30:

                     (a)  financial loss on account of:

                              (i)  fares for any form of transport to be used; or

                             (ii)  accommodation to be used;

                            in the course of the specified journey in the event that the insured person or a member of the insured person's travelling party, through unforeseen circumstances beyond the control of the insured person or the member, respectively, cannot reasonably be expected to commence or complete the journey;

                     (b)  loss of or damage to personal belongings of the insured person during the course of the specified journey;

                     (c)  the death of the insured person or a member of the insured person's travelling party while on the specified journey;

                     (d)  the insured person or a member of the insured person's travelling party contracting a sickness or disease, or sustaining an injury, while on the specified journey.

             (2)  The following are excluded:

                     (a)  financial loss, loss of or damage to personal belongings or death, sickness or injury, occurring as a result of:

                              (i)  war or warlike activities; or

                             (ii)  expropriation of anything; or

                            (iii)  the use, existence or escape of nuclear weapons material, or ionising radiation from, or contamination by radioactivity from, any nuclear fuel or nuclear waste from the combustion of nuclear fuel;

                     (b)  financial loss, loss of or damage to personal belongings or death, sickness or injury, occurring as a result of the insured person or a member of the insured person's travelling party:

                              (i)  being under the influence of intoxicating liquor or of a drug, other than a drug taken or administered by or in accordance with the advice of a duly qualified medical practitioner; or

                             (ii)  being addicted to intoxicating liquor or to a drug; or

                            (iii)  taking part in a riot or civil commotion; or

                            (iv)  acting maliciously; or

                             (v)  engaging in professional sporting activities;

                     (c)  financial loss, loss of or damage to personal belongings or death, sickness or injury, intentionally caused by:

                              (i)  the insured person; or

                             (ii)  a member of the insured person's travelling party; or

                            (iii)  a person acting with the express or implied consent of the insured person or a member of the insured person's travelling party;

                     (d)  financial loss as a result of the insured person failing to commence or complete the specified journey:

                              (i)  for financial, business or contractual reasons, being reasons related to the insured person or to a member of the insured person's travelling party; or

                             (ii)  because of a sickness, disease or disability to which a person was subject at any time during the period of 6 months before the contract was entered into and continues to be subject to after that time;

                     (e)  financial loss as a result of:

                              (i)  the insured person or a member of the insured person's travelling party being disinclined to travel; or

                             (ii)  contravention of, or failure to comply with, a law (including the law of a foreign country) by the insured person or a member of the insured person's travelling party;

                      (f)  loss of or damage occurring to personal belongings as a result of:

                              (i)  depreciation; or

                             (ii)  wear and tear, mildew, rust or corrosion; or

                            (iii)  the action of insects or vermin; or

                            (iv)  mechanical or electrical breakdown or failure of the personal belongings; or

                             (v)  the personal belongings being cleaned, dyed, altered or repaired; or

                            (vi)  in the case of personal belongings that are fragile or brittle--the negligence of the insured;

                     (g)  death occurring or injury sustained as a result of a sickness or disability to which the person concerned was subject at any time during the period of 6 months before the contract was entered into and continues to be subject to after that time;

                     (h)  death occurring or injury sustained at a time when the person concerned is flying, or engaging in aerial activities, otherwise than as a passenger in an aircraft that is authorised to fly under a law that relates to the safety of aircraft;

                      (i)  the insured person or a member of the insured person's travelling party sustaining a deliberately self-inflicted injury.



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