Insurance Amendment Act 1983

Administered by Department of the Treasury

Legislation au C2004A02846 In force Act

Legislation content

Insurance Amendment Act 1983

No. 129 of 1983

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title, &c.

2. Commencement

PART II—AMENDMENTS OF THE PRINCIPAL ACT

3. Interpretation

4. Application of Act

5. Repeal of section 13

6. Public servant appointed as Commissioner may continue in office as public servant

7. Termination of appointment

8. Repeal of section 19 and substitution of new sections—

19. Acting Commissioner

19a. Delegation

9. Repeal of section 21 and substitution of new section—

21. Certain persons not to carry on insurance business

10. Application for authority

11. Authority to commence carrying on insurance business

12. Authority to carry on insurance business for body corporate that carried on insurance business before 9 December 1971

13. Repeal of section 26

14. Refusal to grant authority

15. Repeal of section 29 and substitution of new section—

29. Conditions to which authority is subject

16. Assets

17. Liabilities

18. Valuation of assets


TABLE OF PROVISIONS—continued

Section

19. Exemption from requirement relating to assets in Australia

20. Cancellation of authority

21. Exemption in respect of insurance business carried on for benefit of limited class of persons

22. Interpretation

23. Accounting records

24. Accounts and statements to be lodged with Commissioner

25. Audit of accounts

26. Extension of time

27. Report of inspector

28. Directions

29. Review of certain decisions

30. Insertion of new section—

64. Statements to accompany notification of decisions

31. Repeal of section 104

32. Bodies corporate ceasing to carry on insurance business

33. Persons ceasing to carry on insurance business

34. Transitional provisions relating to bodies corporate refused authorities under section 27

35. Power to require production of books

36. Inspection of Register, accounts and auditors’ certificates

37. Annual report

38. Offences

39. Insertion of new sections—

129a. Joinder of charges and penalties for certain offences

129b. Continuing offences

40. Schedule

41. Amendments relating to accounts and accounting records

42. Amendments relating to penalties

43. Formal amendments

44. Application of certain amendments

PART III—INTERIM PROVISIONS

45. Interpretation

46. Notification in Gazette of prescribed bodies corporate

47. Interim application of section 29 of the Insurance Act 1973 to prescribed bodies corporate

48. Directions

SCHEDULE 1

Amendments relating to accounts and accounting records

SCHEDULE 2

Amendments relating to penalties

SCHEDULE 3

Formal amendments

SCHEDULE 4

Interim application of section 29 of the Insurance Act 1973 to prescribed bodies corporate

Insurance Amendment Act 1983

No. 129 of 1983

 

 

An Act to amend the Insurance Act 1973, and for related purposes

[Assented to 22 December 1983]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART…

Overview

The Insurance Amendment Act 1983No. 129 of 1983 was enacted by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia to amend the Insurance Act 1973 and address certain gaps and issues within the existing framework. The Act primarily seeks to strengthen regulatory oversight over insurance companies, ensuring their financial stability and compliance with legislative requirements. Key changes include the introduction of more stringent financial requirements for insurance companies, such as higher capital thresholds and specific asset and liability conditions. The Act also enhances the powers of the Commissioner, allowing for better management of insurance companies in distress and improved enforcement of compliance through increased penalties and clearer reporting obligations.

Scope and Application

The Insurance Amendment Act 1983 applies to the Commonwealth of Australia and amends the Insurance Act 1973. The Act applies to bodies corporate and Lloyd's underwriters engaged in insurance business within Australia. It also applies to public servants appointed as Commissioner, and to prescribed companies conducting insurance business related to building societies. The Act delineates the roles and responsibilities of the Commissioner and the Treasurer, including the ability to appoint acting Commissioners, delegate powers, and set conditions for insurance business operations. It imposes penalties for unauthorised insurance business and mandates the maintenance and submission of detailed accounting records and financial statements to the Commissioner. Additionally, the Act includes provisions for the review of decisions, the inspection of records, and the enforcement of compliance through fines and potential legal action. The Act does not apply to individuals who are not bodies corporate or Lloyd's underwriters, and it excludes certain documents from the definition of 'debenture'. It also provides for transitional arrangements for bodies corporate that were previously operating under different legislative conditions.

Key Provisions

  • The Insurance Amendment Act 1983 makes several amendments to the Insurance Act 1973, impacting both the operative sections and the obligations and requirements imposed on the parties governed by the Act. The Act introduces new definitions, modifies existing provisions, and establishes new conditions for authorities granted to body corporates carrying on insurance business. For instance, Section 3 amends the definition of various terms, such as "accounting records" and "assets," while Section 29 outlines new conditions for the authorities granted to body corporates, including requirements for paid-up share capital, asset values, and reinsurance arrangements.
  • The Act imposes specific obligations on body corporates to maintain accounting records, lodge accounts and statements with the Commissioner, and comply with directions regarding reinsurance and other business activities. For example, Section 40 mandates that body corporates keep their accounting records in Australia, and Section 44 requires them to lodge quarterly and yearly statutory accounts with the Commissioner. Additionally, the Act requires body corporates to make provisions in their accounts for liabilities and comply with directions issued by the Commissioner regarding those provisions (Section 31).
  • There are also provisions that establish offences and penalties for non-compliance. Section 21 imposes fines on individuals and body corporates that carry on insurance business without proper authorisation, with fines up to $2,000 for individuals and $20,000 for body corporates. Failure to comply with directions or other regulatory requirements can also result in fines, with penalties up to $20,000 for body corporates (Section 62). Additionally, directors, officers, or auditors of a body corporate found to be in any way concerned in or party to certain offences are also deemed guilty and face fines up to $4,000 (Section 128). The Act also allows for the joinder of charges and penalties for certain offences, ensuring that the total penalty does not exceed the sum of the maximum penalties for each offence (Section 129a).

Legal classification tags

Area of Law
Insurance Law
Corporate Law & Governance
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers
Compliance Obligations
Regulatory Standards

Continue reading Insurance Amendment Act 1983

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.