Terrorism and Cyclone Insurance (Premiums) Direction 2019

Administered by Department of the Treasury

Legislation au F2025N00873 In force Notifiable Instrument

Legislation content

 

Terrorism and Cyclone Insurance (Premiums) Direction 2019

made under the Terrorism and Cyclone Insurance Act 2003

Compilation No. 1

Compilation date: 1 July 2026

Includes amendments: Terrorism and Cyclone Insurance (Premiums) Amendment (Postcode Update) Direction 2025

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by The Treasury

About this compilation

       

This compilation

This is a compilation of the Terrorism and Cyclone Insurance (Premiums) Direction 2019 that shows the text of the law as amended and in force on 1 July 2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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.

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. Any modifications affecting the law are accessible on the Register.

Selfrepealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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  Name 

3  Authority

5  Definitions

6  Tier A property

7  Tier B property

Part 2—Direction to set premiums that are to be charged by the corporation in respect of contracts of insurance

8  Corporation must charge premium in accordance with specified rates

9  Premium income

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Preliminary

 

1  Name

  This instrument is the Terrorism and Cyclone Insurance (Premiums) Direction 2019.

Note: The name of this instrument has been amended. This instrument was previously named the Terrorism Insurance (Premiums) Direction 2019.

3  Authority

  This instrument is made under the Terrorism and Cyclone Insurance Act 2003.

5  Definitions

Note: Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Act as in force from time to time.

  In this instrument:

amount includes a nil amount.

GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999.

premium income has the meaning given by section 9.

reinsured eligible insurance contract means an eligible insurance contract covered by a contract of reinsurance entered into by a party to be reinsured and the Corporation.

the Act means the Terrorism and Cyclone Insurance Act 2003.

Tier A property has the meaning given by section 6.

Tier B property has the meaning given by section 7.

Tier C property is any eligible property located in an area in Australia that is neither a Tier A property nor a Tier B property.

6  Tier A property

  A Tier A property is an eligible property located in an area in Australia that has a postcode listed in the following table:

 

Item

State or Territory

Listed postcodes

1

New South Wales

2000, 2007, 2009, 2060

2

Victoria

3000, 3006, 3008

3

Queensland

4000

4

Western Australia

6000, 6003

5

South Australia

5000, 5005

6

Tasmania

 

7

Australian Capital Territory

 

8

Northern Territory

 

 

7  Tier B property

 (1) A Tier B property is an eligible property located in an area in Australia that has a postcode listed in the following table:

 

Item

State or Territory

Listed postcodes

1

New South Wales

2006, 2008, 2010, 2011, 2015 to 2050, 2052, 2061 to 2077, 2079 to 2082, 2085 to 2090, 2092 to 2097, 2099 to 2122, 2125 to 2148, 2150 to 2155, 2160 to 2168, 2170 to 2179, 2190 to 2200, 2203 to 2214, 2216 to 2234, 2251, 2256, 2257, 2260 to 2263, 2267, 2280 to 2285, 2287, 2289 to 2300, 2302 to 2308, 2485, 2486, 2500, 2502, 2505, 2506, 2515 to 2519, 2522, 2525, 2526, 2528 to 2530, 2557 to 2559, 2564 to 2567, 2619, 2747, 2749, 2750, 2759 to 2763, 2765 to 2770, 2773, 2774, 2776, 2777

2

Victoria

3002 to 3004, 3010 to 3013, 3015, 3016, 3018 to 3023, 3025 to 3034, 3036 to 3062, 3064 to 3068, 3070 to 3076, 3078, 3079, 3081 to 3091, 3093 to 3096, 3101 to 3109, 3111, 3113, 3114, 3116, 3121 to 3138, 3140 to 3156, 3158 to 3163, 3165 to 3175, 3177 to 3202, 3204 to 3207, 3214 to 3216, 3218 to 3220, 3335, 3336, 3350, 3355, 3356, 3358, 3550, 3555, 3752, 3754, 3765 to 3767, 3782, 3785 to 3789, 3791 to 3793, 3796, 3800, 3802 to 3807, 3810, 3910 to 3913, 3915, 3918, 3919, 3927, 3911, 3930, 3931, 3934, 3936, 3938, 3940 to 3944, 3975 to 3977

3

Queensland

4005 to 4014, 4017 to 4022, 4029 to 4032, 4034 to 4037, 4051, 4053 to 4055, 4059 to 4061, 4064 to 4070, 4072 to 4078, 4101 to 4125, 4127 to 4133, 4151 to 4161, 4163 to 4165, 4169 to 4174, 4178, 4179, 4205, 4207, 4209, 4210, 4212 to 4218, 4220 to 4227, 4229, 4230, 4271, 4300, 4301, 4303 to 4305, 4350, 4500 to 4506, 4508 to 4510, 4513, 4551, 4556 to 4558, 4564, 4566, 4567, 4572, 4573, 4575, 4810, 4812, 4814, 4868 to 4870, 4878, 4879

4

Western Australia

6004 to 6012, 6014 to 6031, 6034, 6036, 6038, 6050 to 6066, 6069, 6070, 6072, 6073, 6090, 6100 to 6110, 6112, 6122, 6147 to 6160, 6162 to 6175, 6180, 6209, 6210

5

South Australia

5006 to 5025, 5031 to 5035, 5037 to 5052, 5061 to 5070, 5072 to 5076, 5081 to 5098, 5106 to 5113, 5115, 5125 to 5127, 5140, 5150, 5158 to 5170, 5173, 5950, 5960

6

Tasmania

7000, 7004, 7005, 7007 to 7011, 7015, 7018, 7019, 7021, 7050, 7052, 7053, 7055, 7170

7

Australian Capital Territory

2600 to 2607, 2609, 2612, 2614, 2615, 2617, 2902 to 2906, 2911 to 2914

8

Northern Territory

0800, 0810, 0812, 0815, 0820, 0828, 0832

 

Existing area divided into more than one new area and allocated new postcode

 (2) If:

 (a) an area in Australia has a postcode listed in the table in subsection (1); and

 (b) the Australian Postal Corporation:

 (i) divides the area into 2 or more new areas; and

 (ii) allocates a new postcode to each new area;

then each eligible property located in each new area is a Tier B property.

New or existing postcode allocated to increased area

 (3) If:

 (a) an area in Australia has a postcode listed in a table in either section 6 or 7; and

 (b) the area has a population of greater than 100,000 people; and

 (c) the area increases; and

 (d) the Australian Postal Corporation allocates:

 (i) the increased area a new postcode; or

 (ii) an existing postcode to the part of the area that increased;

then each eligible property located in the area is a Tier B property.

 (4) In working out whether an area has a postcode for the purposes of paragraph (3)(a), treat any postcode previously covered by subparagraphs (2)(b)(ii) or (3)(d)(i) as being listed in the table in subsection (1).

Part 2—Direction to set premiums that are to be charged by the corporation in respect of contracts of insurance

 

8  Corporation must charge premium in accordance with specified rates

 (1) Under section 38 of the Act, the Corporation is directed to charge a premium for a reinsured eligible insurance contract as set out, for the type of cover provided by the eligible insurance contract, in the following table:

 

Item

Type of cover

Premium to be charged for a reinsured eligible insurance contract

1

Loss of, or damage to, eligible property that is owned by the insured

(a) for an eligible insurance contract covering Tier A property—16% of the premium income; and

(b) for an eligible insurance contract covering Tier B property—5.3% of the premium income; and

(c) for an eligible insurance contract covering Tier C property—2.6% of the premium income.

2

Business interruption and consequential loss arising from:

(a) loss of, or damage to, eligible property that is owned or occupied by the insured; or

(b) inability to use eligible property, or part of eligible property, that is owned or occupied by the insured

(a) for an eligible insurance contract covering Tier A property—16% of the premium income; and

(b) for an eligible insurance contract covering Tier B property—5.3% of the premium income; and

(c) for an eligible insurance contract covering Tier C property—2.6% of the premium income.

3

Liability that arises out of the insured being the owner or occupier of eligible property

0% of the premium income.

9  Premium income

 (1) The premium income for an eligible insurance contract is worked out as follows:

Method statement

Step 1. Work out the amount of the premium written by the party to be reinsured (the reinsured) that is attributable to the eligible insurance contract.

Step 2. Reduce the result from Step 1 by that part of the result that relates to a premium that has been refunded to the reinsured as result of any adjustment or cancellation related to the eligible insurance contract.

Step 3. Reduce the result from Step 2 by that part of the result that is attributable to GST, or a stamp duty or fire services levy (however described) imposed on the eligible insurance contract under a law of a State or Territory.  The result is the premium income.

 (2) However, if an eligible insurance contract:

 (a) comprises 2 or more distinct insurance covers that have been packaged or bundled together; and

 (b) is offered on the basis that the insured must take out one or more of the insurance covers offered; and

 (c) has a precisely quantifiable premium that can be attributed to each insurance cover that has been packaged or bundled together; and

 (d) that contains, both:

 (i) some insurance covers, each of which if provided individually, would be an eligible insurance contract; and

 (ii) other insurance covers, none of which, if provided individually, would be an eligible insurance contract;

then, apply the method statement in subsection (1) to only that part of an eligible insurance contract that provides insurance covers that, if provided individually, would be an eligible insurance contract.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

/rule(s)/subrule(s)/order(s)/suborder(s)

LIA = Legislative Instruments Act 2003

sch = Schedule(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

sub ch = SubChapter(s)

No. = Number(s)

sub div = Subdivision(s)

Ord = Ordinance

sub pt = Subpart(s)

 

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Terrorism Insurance (Premiums) Direction 2019

30 January 2019

(F2019L00069)

Section 1 to 3: 31 January 2019

Sections 4 to 10 and Schedule 1: 1 July 2019

Treasury Laws Amendment (2019 Measures No. 3) Act 2020

Royal Assent:  22 June 2020

1 October 2020

Item 325 in Schedule 3 to the Act – instrument continues in force (and may be dealt with) as if it had been made under, or for the purposes of, the Act as amended. As a result the instrument ceased being a legislative instrument and became a notifiable instrument (F2025N00873).

Terrorism and Cyclone Insurance (Premiums) Amendment (Postcode Update) Direction 2025

As amended by Terrorism and Cyclone Insurance (Premiums) Amendment (Delayed Commencement) Direction 2025

6 November 2025

(F2025N00841)

1 July 2026

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 1

s 2

rs F2025N00841

rep s48D LA

s 3

s 4

s 5

s 6

s 7

rs F2025N00841

rep s48C LA

am F2025N00841

am F2025N00841

am F2025N00841

Schedule 1

rep s48D LA

 

 

 

Overview

The Terrorism and Cyclone Insurance (Premiums) Direction 2019, made under the Terrorism and Cyclone Insurance Act 2003, was introduced to establish specific premiums for reinsurance of terrorism and cyclone insurance policies, reflecting the varying risk profiles of different areas in Australia. This Direction was enacted to address the need for a risk-based approach to setting insurance premiums that account for the likelihood of terrorist attacks and cyclones in different regions. The Direction is prepared by the Treasury and outlines the premium rates that must be charged by the corporation for contracts of reinsurance. The policy objective is to ensure that premiums accurately reflect the risk exposure, thereby providing a fair and equitable system for all stakeholders involved in the insurance market. The Direction divides properties into three tiers—Tier A, Tier B, and Tier C—based on their postcode and risk profile. Tier A properties are located in high-risk postcodes, Tier B properties are in moderate-risk areas, and Tier C properties are in low-risk areas. Premium rates are set at 16% of the premium income for Tier A properties, 5.3% for Tier B properties, and 2.6% for Tier C properties for coverage of loss or damage to property and business interruption and consequential loss. The Direction mandates that the Corporation charge these premiums in accordance with the specified rates and provides a method for calculating the premium income. The Direction also includes provisions for updating the postcodes to reflect changes in area divisions and population increases, ensuring the classification remains relevant and accurate.

Scope and Application

The Terrorism and Cyclone Insurance (Premiums) Direction 2019 applies to the Corporation as established under the Terrorism and Cyclone Insurance Act 2003, directing it to set specific premiums for reinsured eligible insurance contracts across Australia. The Direction delineates three tiers of properties—Tier A, B, and C—based on their postcodes and vulnerability to terrorism or cyclones, affecting the premium rates charged. Tier A properties, those with the highest vulnerability, are identified by specific postcodes in major cities, while Tier B properties, which are moderately vulnerable, are determined by broader postcodes within the same states or territories. Tier C properties are those located in areas not classified as Tier A or B. The premiums for loss of or damage to property and business interruption are set at 16%, 5.3%, and 2.6% of the premium income for Tier A, B, and C properties, respectively, with no premium charged for liability. The Direction applies nationally across Australia and is subject to updates through subordinate instruments, such as the Terrorism and Cyclone Insurance (Premiums) Amendment (Postcode Update) Direction 2025.

Key Provisions

The Terrorism and Cyclone Insurance (Premiums) Direction 2019 outlines specific premiums that the Corporation must charge for reinsured eligible insurance contracts. Section 8 directs that the Corporation is to charge a premium based on the type of cover provided by the eligible insurance contract, with rates varying according to whether the insured property is located in a Tier A, Tier B, or Tier C postcode area. For loss of or damage to eligible property and business interruption and consequential loss, the premiums are 16%, 5.3%, and 2.6% of the premium income for Tier A, Tier B, and Tier C properties respectively. For liability arising from the insured being the owner or occupier of eligible property, the premium is 0% of the premium income. The premium income is defined in Section 9, which outlines a method statement for calculating it, accounting for refunds, adjustments, and deductions for GST, stamp duty, or fire services levies. The Act imposes specific obligations on the Corporation regarding the calculation and charging of premiums. The Corporation must determine the type of property covered by the insurance contract and classify it as Tier A, Tier B, or Tier C based on the postcode. It must then charge the appropriate premium rate as specified in Section 8. Additionally, the Corporation must adhere to the method statement provided in Section 9 for calculating premium income, ensuring that all adjustments, refunds, and deductions are correctly accounted for. The Act also mandates that any changes to postcode areas must be promptly updated to reflect new classifications and premium rates. Breaches of the provisions outlined in the Direction may lead to civil or criminal consequences. Specifically, if the Corporation fails to charge the correct premium rate as directed or miscalculates the premium income, it could be subject to penalties under the Terrorism and Cyclone Insurance Act 2003. While the exact penalties are not specified within the Direction itself, the Act allows for fines and other sanctions for non-compliance. Additionally, the Corporation could face legal action from policyholders who have been overcharged or undercharged due to non-compliance with the Direction. The precise penalties and legal remedies would be determined in accordance with the broader provisions of the Terrorism and Cyclone Insurance Act 2003.

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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.