Notice varying conditions on Authorisation to carry on insurance business
Insurance Act 1973
TO: Domestic & General Insurance PLC ABN 11 124 040 768 (the general insurer) Level 21, Australia Square, 264 George Street, Sydney NSW 2000
SINCE
- APRA issued to the general insurer an Authorisation to carry on insurance business in Australia under subsection 12(1) of the Insurance Act 1973 (the Act), on 07 March 2008 (the Authorisation); and
- the Authorisation is subject to conditions,
I, Keith Chapman, a delegate of APRA, under paragraph 13(1)(b) of the Act, VARY those conditions imposed on the Authorisation in the manner specified in the attached Schedule.
When this Notice takes effect, the conditions which apply to the Authorisation are set out in the attached Schedule of consolidated conditions.
This Notice takes effect on the date it is signed. Dated: 7 December 2016
[Signed]
Keith Chapman
Executive General Manager Specialised Institutions Division
Interpretation Document ID: 225429
In this Notice
APRA means the Australian Prudential Regulation Authority. insurance business has the meaning given in section 3 of the Act. prudential standard has the meaning given in section 3 of the Act.
Note 1
Under subsection 13(1) of the Act, APRA may, at any time, by written notice to the general insurer
impose conditions or additional conditions or vary or revoke conditions imposed on the insurer's authorisation under section 12 of the Act. The conditions must relate to prudential matters.
Note 2
Under subsection 13(2) of the Act, a condition may be expressed to have effect despite anything in
the prudential standards.
Note 3
Under subsection 13(4) of the Act, if APRA imposes, varies or revokes the conditions on a general
insurer's authorisation, APRA must give written notice to the insurer and ensure that notice that the action has been taken is published in the Gazette.
Note 4
Under subsection 14(1) of the Act, a general insurer commits an offence if:
(a) the insurer does an act or fails to do an act; and
(b) doing the act or failing to do the act results in a contravention of a condition of the insurer's authorisation under section 12 of the Act; and
(c) there is no determination in force under subsection 7(1) of the Act, that subsection 14(1) of the Act does not apply to the insurer.
The penalty is 300 penalty units. Under subsection 14(1A) of the Act, where an individual commits an offence against subsection 14(1) of the Act, because of Part 2.4 of the Criminal Code or commits an offence under Part
2.4 of the Criminal Code in relation to an offence against subsection 14(1) of the Act, the individual is punishable, on conviction, by a penalty not exceeding 60 penalty units. Under subsection 14(2) of the Act, an offence against section 14 of the Act, is an offence of strict liability.
Note 5
Under subsection 13(6) of the Act, a decision to impose conditions, or additional conditions, or to
vary the conditions on the Authorisation are reviewable decisions to which Part VI of the Act applies. If you are dissatisfied with a reviewable decision, you may seek reconsideration of the decision by APRA in accordance with subsection 63(2) of the Act. The request for reconsideration must be in writing, must state the reasons for the request, and must be given to APRA within 21 days after the decision first comes to your notice or within such further period as APRA allows. If dissatisfied with APRA’s reconsidered decision confirming or varying the first decision, you may, subject to the Administrative Appeals Act 1975, apply to the Administrative Appeals Tribunal for review of the reconsidered decision.
The address where written notice may be given to APRA is Level 12, 1 Martin Place, Sydney NSW 2000.
Schedule - the conditions which are being varied
The existing condition(s) which are to be varied:
The general insurer is only authorised to carry on insurance business in Australia in connection with the repair or replacement of electrical or gas consumer products (including any incidental benefits) by means of, but not limited to, the provision of extended warranty, accidental damage and theft insurance.
The condition(s) as varied are:
The general insurer may only carry on insurance business in connection with the repair and replacement of goods and services typically used in domestic settings including cover in respect of accidental damage to or the theft of such goods. Additionally cover may extend to providing incidental benefits over and above the cover in relation to the repair and replacement of the goods and services. However the cover must not extend to cover for product liability, professional indemnity and employers liability insurance.
Schedule of consolidated conditions
The general insurer may only carry on insurance business in connection with the repair and replacement of goods and services typically used in domestic settings including cover in respect of accidental damage to or the theft of such goods. Additionally cover may extend to providing incidental benefits over and above the cover in relation to the repair and replacement of the goods and services. However the cover must not extend to cover for product liability, professional indemnity and employers liability insurance.