Imperial Acts Application Act 1984
An Act to provide that certain Imperial enactments in force in England at the time of the passing of the Imperial Act 9 George 4 Chapter 83 shall continue in force in Queensland; to repeal other Imperial enactments; to replace other Imperial enactments relating to insurance, service of process on Sunday, and waste by executors; and for related purposes
Part 1 Preliminary
1 Short title and citation
This Act may be cited as the Imperial Acts Application Act 1984.
2 Act to bind Crown
This Act binds the Crown not only in right of the State but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
3 [Repealed]
4 Interpretation
In this Act—Imperial enactment includes any Act passed by the Imperial Parliament.
Part 2 Imperial enactments preserved or terminated
5 Preserved Imperial enactments
Each Imperial enactment specified in Schedule 1 shall, from the commencement of this Act, continue to have the same force and effect (if any) as it had in Queensland immediately prior to the commencement of this Act.
6 Imperial enactments not affected
Nothing in this Act affects any Imperial enactment specified in Schedule 2 or any other Imperial enactment which independently of the provisions of the Imperial Act 9 George 4 Chapter 83 (Australian Courts Act 1828) is made applicable to Queensland by express words or necessary intendment of any Imperial enactment.
7 Termination of application of Imperial enactments
Subject to this Act, the application in and for Queensland of all Imperial enactments (commencing with the Statute of Merton, 20 Henry 3 A.D. 1235–6) in force in England at the time of the passing of the Imperial Act 9 George 4 Chapter 83, is terminated.
Part 3 Substitution of Queensland law for certain Imperial enactments
8 No insurance to be made by persons having no interest
(1)No insurance shall be made by any person on the life of any person or on any other event whatsoever wherein the person for whose use or benefit or on whose account the policy is made has no interest, or by way of gaming or wagering.(2)Every insurance made contrary to this subsection shall be void
It shall not be lawful to make any policy on the life of any person, or on any other event whatsoever, wherein the person effecting the policy has no interest, without inserting in that policy the names of the persons interested therein, or for whose use or benefit or on whose account that policy was made.(3)In all cases where there is an interest in the life or other event the subject of the insurance, no greater sum shall be recovered or received from the insurer than the amount or value of the interest.(4)Nothing in this section shall extend to insurance made by any person on ships or goods, or to contracts of indemnity against loss by fire or loss by other events whatsoever.