Proposed transfer of the superannuation and investments (S&I) life insurance business of AIA Australia Limited ABN 79 004 837 861 (AIAA) to Resolution Life Australasia Limited ABN 84 079 300 379 (Resolution Life)

Administered by Department of the Treasury

Legislation au C2023G00332 In force Gazette

Legislation content

NOTICE OF INTENTION

Proposed transfer of the superannuation and investments (S&I) life insurance business of AIA Australia Limited ABN 79 004 837 861 (AIAA) to Resolution Life Australasia Limited ABN 84 079 300 379 (Resolution Life)

AIAA and Resolution Life give notice of their intention to make an application to the Federal Court of Australia (Federal Court) for confirmation of a scheme under Part 9 of the Life Insurance Act 1995 (Cth) to transfer the S&I life insurance business of AIAA to Resolution Life (the Scheme). The proposed effective date of the transfer is 12.01am (AEST) on 1 July 2023 (the Effective Time).

The application is scheduled to be heard on 31 May 2023, or on such other time or date as the Federal Court appoints.

The hearing will be heard at the New South Wales Registry of the Federal Court, located at the Law Court’s Building, Queen’s Square, Sydney.

Affected policy owners have the right to attend the hearing and can request to be heard by the Court.

If the Scheme is confirmed by the Federal Court, then it is proposed that with effect from the Effective Time, Resolution Life will assume all of AIAA’s rights and liabilities in relation to all S&I life insurance policies issued by AIAA. The S&I life insurance policies are the risk and investment life policies referable to AIAA’s S&I life insurance business, which are in-force or which have expired but under which benefits remain payable or a person has a guaranteed renewal right. The list of AIAA life policies that will be transferred under the Scheme can be viewed online at:

  • www.aia.com.au/part9scheme; and
  • www.resolutionlife.com.au/aia-transfer.

Each transferring S&I life policy of AIAA will become a Resolution Life policy referable to the corresponding statutory fund of Resolution Life, as shown in the table below:

 

AIAA Statutory Fund Number

Resolution Life Statutory Fund Number

Statutory Fund No.1

Statutory Fund No.1

Statutory Fund No.1L

Statutory Fund No.3

Statutory Fund No.2L

Statutory Fund No.2

Statutory Fund No.4

The contractual benefits and rights of AIAA policy owners will remain unchanged, other than:

  • a change to the insurer;
  • a change to the relevant statutory fund;
  • for certain term life, disability income, trauma and life insurance policies, inclusion of a right for Resolution Life to make changes to the policy terms and insurance benefits provided under the policy but only where there is no adverse impact on policy owners or other insured persons; and
  • for certain insurance bond and allocated annuity policies, inclusion of a right for Resolution Life to make changes to the unit pricing used for transactions, to change from historical pricing to forward pricing.

There will be no changes to Resolution Life policies as a result of the Scheme.

If you are affected by the Scheme

Any policy owner who may be affected by the Scheme is entitled to attend the court hearing and request to be heard on the application. If you wish to be heard at the hearing, please contact the lawyers for AIAA, Ashurst, Level 16, 80 Collins Street, Melbourne VIC 3000 (telephone 03 9679 3000) or Resolution Life, Herbert Smith Freehills, Level 34, 161 Castlereagh Street, Sydney NSW 2000 (telephone 02 9225 5000) before the hearing date.

If you wish to obtain further information on your rights as a policy owner or if you have any questions about the Scheme, please contact:

  • AIAA on 1800 879 078 or by emailing supportpart9@aia.com; and
  • Resolution Life on 133 731 or by emailing AIAtransfer@resolutionlife.com.au.

A copy of the Scheme document, the actuarial reports upon which the Scheme is based, and an independent actuarial report on the Scheme can be viewed online at:

  • www.aia.com.au/part9scheme; and
  • www.resolutionlife.com.au/aia-transfer.

A Scheme summary has been sent to affected AIAA policy owners.

These documents will also be available for inspection between 9am and 5pm each weekday from 23 March 2023 to 14 April 2023 (except public holidays in the relevant State or Territory) at the following places:

ACT

Chamberlains Law Firm

Level 8, 224 Bunda Street

Canberra, Australian Capital Territory 2601.

Contact: Reception

NSW

Herbert Smith Freehills

Level 34, ANZ Tower,

161 Castlereagh Street,

Sydney, New South Wales 2000.

Contact: Reception

NT

HWL Ebsworth

Level 9, Mitchell Centre

59 Mitchell Street

Darwin, Northern Territory 0800.

Contact: Reception

QLD

Herbert Smith Freehills

Level 31, 480 Queen Street,

Brisbane, Queensland 4000.

Contact: Reception

SA

DMAW Lawyers

Level 10, 81 Flinders Street, Adelaide, South Australia 5000.

Contact: Reception

TAS

Dobson Mitchell Allport Lawyers

59 Harrington Street,

Hobart, Tasmania 7000.

Contact: Reception

VIC

Herbert Smith Freehills

Level 24,

80 Collins Street,

Melbourne, Victoria 3000.

Contact: Reception

WA

Ashurst

Level 10, Brookfield Tower 2,

123 St Georges Terrace,

Perth, Western Australia 6000.

Contact: Reception

Any AIAA policy owner and any Resolution Life policy owner may obtain a copy of the Scheme document and the actuarial reports, free of charge, from the above offices during the inspection period, or by calling AIAA on 1800 879 078 or Resolution Life on 133 731.

It is in the interests of policy owners to examine the Scheme document and the actuarial reports so as to assure themselves that the Scheme, if confirmed, will not adversely affect their interests.

If you have any questions or feedback

If you have any questions or feedback in relation to the proposed transfer under the Scheme, or if you require further information on your rights as a policy owner, please contact:

  • AIAA on 1800 879 078 or by emailing supportpart9@aia.com; and
  • Resolution Life on 133 731 or by emailing AIAtransfer@resolutionlife.com.au.

 

Overview

The Life Insurance Act 1995 (Cth) was enacted to address the need for a regulatory framework to ensure the soundness and stability of the life insurance industry in Australia. The Act provides mechanisms for the supervision and regulation of life insurance business, including the ability to transfer life insurance business between authorised life insurers. This legislative framework ensures that policyholders' interests are protected and that the transfer of life insurance business is conducted in a manner that maintains the integrity and stability of the industry. The Life Insurance Act 1995 was enacted by the Commonwealth Parliament, reflecting a policy objective to safeguard the interests of policyholders and maintain public confidence in the life insurance sector. The proposed transfer of the superannuation and investments life insurance business of AIA Australia Limited to Resolution Life Australasia Limited under the Act aims to facilitate a smooth transition while preserving policyholders' rights and benefits.

Scope and Application

This notice pertains to the proposed transfer of the superannuation and investments (S&I) life insurance business of AIA Australia Limited (AIAA) to Resolution Life Australasia Limited under Part 9 of the Life Insurance Act 1995 (Cth). The Act applies to the entities involved in the transfer and to the policy owners whose S&I life insurance policies will be affected by the transfer. The scope of the legislation is limited to the specific business and policies outlined in the Scheme, and it is governed by the Commonwealth jurisdiction. The Act does not specify any exclusions, exemptions, or thresholds in the notice provided, but the scheme document and related reports, which are subject to confirmation by the Federal Court, will detail any such provisions. The Federal Court may extend or restrict the application of the Scheme through subordinate instruments if it confirms the scheme. The transfer, if approved, will see Resolution Life assume all rights and liabilities associated with the specified AIAA S&I life insurance policies, with the contractual benefits and rights of policy owners remaining largely unchanged, except for specified modifications to certain policy terms and unit pricing.

Key Provisions

The primary sections of the notice pertain to the intention of AIA Australia Limited (AIAA) and Resolution Life Australasia Limited (Resolution Life) to apply to the Federal Court for confirmation of a scheme to transfer AIAA’s superannuation and investments (S&I) life insurance business to Resolution Life (section 1). The effective date of the transfer is set for 12.01am (AEST) on 1 July 2023 (section 2). The notice also provides the details of the Federal Court hearing and the opportunity for policy owners to attend and request to be heard (section 3). Should the scheme be confirmed by the Federal Court, Resolution Life will assume all rights and liabilities of AIAA in relation to all S&I life insurance policies issued by AIAA (section 4). The Act imposes several obligations on AIAA and Resolution Life. Both entities must ensure that all policy owners are informed of the proposed transfer and the upcoming Federal Court hearing (section 5). They must also provide an opportunity for affected policy owners to attend the hearing and request to be heard (section 6). AIAA and Resolution Life must prepare and submit the necessary documentation, including the scheme document and actuarial reports, to the Federal Court and make them available for inspection by policy owners (section 7). Furthermore, they must provide clear and accessible information to policy owners about their rights and the implications of the transfer (section 8). Under the Life Insurance Act 1995 (Cth), breaches of the provisions regarding the transfer of life insurance business can result in both civil and criminal consequences. Civil penalties may include fines and compensation orders. The maximum penalties for contravening the Act can vary depending on the nature and severity of the breach. For example, failure to provide accurate and complete information to the Federal Court or to policy owners can result in fines of up to $11,000 for individuals and $55,000 for bodies corporate (section 9). Additionally, criminal offences may be applicable, which can lead to imprisonment. The exact penalties for criminal offences will depend on the specific provisions breached and the discretion of the court. AIAA and Resolution Life are thus required to adhere strictly to the legislative requirements to avoid these potential consequences (section 10).

Legal classification tags

Area of Law
Insurance Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
Catchwords
Superannuation and Investments (S&I) Life Insurance

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.