New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 236

236 Circumstances in which duty is payable by the insured person

(1) This section applies to a person who obtains, effects, or renews any general insurance as an insured person with a person who is not a registered insurer.

(2) A person to whom this section applies must, within 21 days after the end of the month in which the premium relating to the insurance is paid to the person who is not a registered insurer--

(a) lodge with the Chief Commissioner a return in the approved form containing such particulars and information as to the premium and the insurance as the Chief Commissioner may require, and

(b) pay to the Chief Commissioner as duty the amount calculated in accordance with section 234.

(3) A person to whom this section applies is taken to have complied with this section if the person's duty under this section is discharged by another person acting on the person's behalf.

(4) The payment of a periodic premium in respect of disability income insurance that is continued, but not renewed, on the payment of the premium is taken to effect the insurance for the purposes of this section.

(5) In this section--

"premium" means any amount paid in connection with insurance to a person who is not a registered insurer that would be a premium under this Part if the person to whom it was paid was a registered insurer.

Note--: Because this section imposes liability for duty on an insured person if the insured person arranges insurance with an insurer who is not registered, it would always be prudent to check the registered status of the insurer. This may be done by inspecting the register kept under section 252 by the Chief Commissioner.