Life Insurance Act 1995
No. 4, 1995
Compilation No. 69
Compilation date: 21 February 2025
Includes amendments: Act No. 14, 2025
About this compilation
This compilation
This is a compilation of the Life Insurance Act 1995 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Objects of Act
4 Additional operation of Act
5 Exclusion of certain State insurance
6 Extension of Act to Norfolk Island
7 General administration of Act
7A Determination that certain provisions do not apply
7B Breach of condition of a determination under section 7A
8 Dictionary
8A Approved manner and form of applications and notices
Part 2—Explanation of key concepts
9 Life policy
9A Continuous disability policy
10 Issue and ownership of policies
11 Life insurance business
12 Classes of life insurance business
12A Declarations that insurance or annuity business is life insurance business
12B Declarations that other financial business is life insurance business
13 Business of a statutory fund
14 Investment account benefits, investment‑linked benefits
15 Participating, non‑participating benefits
15A Relevant group of bodies corporate
16 Related bodies corporate and subsidiaries
Part 2A—Special provisions relating to life companies that are friendly societies
Division 1—Preliminary
16A Overview
16B Definitions
Division 2—Friendly societies and how this Act applies to them
16C What is a friendly society?
16D Act applies to friendly societies in accordance with this Part
16E Restriction on use of expression friendly society
Division 3—Modified operation of key concepts
16F Issue, ownership etc. of policies
Division 4—Modified operation of provisions relating…
Overview
The Life Insurance Act 1995 was enacted to address the need for a robust regulatory framework governing life insurance companies in Australia. The Act was introduced by the Australian Parliament to establish comprehensive regulations governing the issuance, management, and oversight of life insurance policies, ensuring the protection of policyholders and the stability of the financial system. Its primary objectives are to safeguard the interests of life insurance policy owners and to maintain the solvency and stability of life insurance companies. The Act lays out provisions for the registration and supervision of life insurance companies, the management of statutory funds, and the protection of policyholders' rights, alongside establishing mechanisms for the resolution of financial distress and the winding up of insolvent companies. Through these provisions, the Act aims to foster a competitive yet secure environment for the life insurance industry, balancing innovation and consumer protection.
Scope and Application
The Life Insurance Act 1995 applies to life insurance business conducted in Australia, including Norfolk Island, and regulates the conduct of life insurance companies and their related entities to protect the interests of policy owners and ensure financial system stability. The Act applies to life companies, their non-operating holding companies, and eligible foreign life insurance companies operating in Australia. It sets out the requirements for registration, financial management, and statutory funds, as well as provisions for judicial management, winding up, and the protection of policy owners' interests. The Act also includes specific provisions for friendly societies and Australian branches of foreign life insurance companies. The Australian Prudential Regulation Authority (APRA) has primary responsibility for administering the Act, with certain functions assigned to the Australian Securities and Investments Commission (ASIC). The Act does not apply to state insurance that does not extend beyond the limits of the state and to life insurance business carried out outside Australia by eligible foreign life insurance companies. Certain sections of the Act can be excluded from application by APRA for specific entities or situations, and subordinate instruments may further extend or restrict the Act's application. The Act's provisions are designed to balance the protection of policy owners with the maintenance of a competitive and innovative life insurance industry.
Key Provisions
- The Life Insurance Act 1995 outlines several key provisions governing life insurance businesses in Australia. Section 9 defines what constitutes a life policy, which includes life insurance policies and other related policies like sinking fund and continuous disability policies. Section 10A sets out the criteria for the issue and ownership of these policies, including requirements for the capacity of individuals to insure and restrictions on assignments and mortgages. The Act imposes various obligations on life insurance companies and their directors, including the requirement to keep financial records (sections 75 and 76), comply with prudential standards (sections 230A and 230AAA), and maintain statutory funds that meet specific criteria (sections 30 to 43). Companies must also register with the Australian Prudential Regulation Authority (APRA) (sections 17 to 27) and ensure their non-operating holding companies (NOHCs) are registered (sections 28A to 28D). The Act includes penalties for non-compliance, with significant penalties for breaches of registration conditions (section 23, 300 penalty units) and failure to comply with APRA directions or prudential standards (section 230B, 50 penalty units). Additionally, there are strict liability offences for individuals who breach conditions of APRA determinations (section 7B) and for companies that fail to comply with recapitalisation directions (section 230AK, 50 penalty units). Other consequences include the potential for APRA to revoke registrations (section 26) and the ability of the Court to impose moratoriums and grant injunctions in certain circumstances (sections 161E, 161F). The Act also details special provisions for friendly societies (Part 2A) and Australian branches of foreign life insurance companies (Part 2B). For example, friendly societies may continue to carry on health insurance business under modified provisions (section 16ZB).
- The Life Insurance Act 1995 imposes numerous obligations on life insurance companies and their directors. It mandates the registration of life insurance companies and their NOHCs with APRA (sections 17 to 27), requiring these entities to meet specific suitability criteria and comply with any conditions attached to their registrations (sections 22 and 28A). Directors must ensure the company complies with the Act, including maintaining proper financial records (sections 75 and 76), managing statutory funds prudently (sections 38 to 43), and enabling APRA to conduct investigations and audits (sections 135 to 149). The Act also requires companies to notify APRA of any significant financial breaches (section 132A) and to enable the appointment of auditors and actuaries (sections 83 to 99). Furthermore, directors and officers of life companies must not engage in conduct that constitutes an offence or breaches any condition of their registration (sections 23 and 28BA).
- The Act includes several offences and penalties for breaches. Section 23 imposes a penalty of 300 penalty units for companies that breach the conditions of their registration. Section 16E makes it an offence for a body corporate to use the term "friendly society" without APRA's approval, with a penalty of 60 penalty units. Section 7B establishes strict liability for individuals who breach conditions of APRA determinations, with a penalty of 60 penalty units. Section 230AK sets out that companies committing an offence under section 230B, by failing to comply with a recapitalisation direction, face a penalty of 50 penalty units. The Act also provides for the revocation of registrations by APRA if a company fails to meet its obligations (section 26). Moreover, directors and officers may face personal liability for breaches of their duties, including potential criminal penalties (sections 50 and 99). Non-compliance with certain provisions, such as the duty to notify APRA of significant breaches, can result in fines up to 300 penalty units (section 132A). Failure to comply with APRA's directions can also result in civil penalties (section 230B). The Act emphasises the importance of prudent financial management and the protection of policyholders' interests.
- Area of Law
- Insurance Law
- Corporate Law & Governance
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Licensing & Registration
- Prudential Requirements
- Financial Management
- Enforcement Powers
- Compliance Obligations
- Conflict of Laws