Commonwealth: Insurance Contracts Act 1984 (Cth)

Insurance Contracts Act 1984 No. 80, 1984 Compilation No. 32 Compilation date: 1 March 2024 Includes amendments: Act No. 76, 2023 Registered: 1 March 2024 About this compilation This compilation This is a compilation of the Insurance Contracts Act 1984 that shows the text of the law as amended and in force on 1 March 2024 (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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 I—Preliminary 1 Short title 2 Commencement 3 Repeals 4 Previous contracts 5 Crown to be bound 6 Extension to external Territories 7 Effect of Act on other laws 8 Application of Act 9 Exceptions to application of Act 9A Exclusion of pleasure craft from the Marine Insurance Act 1909 10 Contracts of insurance 11 Interpretation 11AA Application of the Criminal Code 11AB Consumer insurance contracts Part IA—Administration 11AAA Definition 11A ASIC responsible for general administration of Act 11B Powers of the ASIC 11C Supervisory powers—ASIC may obtain insurance documents 11D Supervisory powers—ASIC may review administrative arrangements etc. 11DA Supervisory powers—liability of directors, employees and agents of insurers 11E Examination of documents by ASIC not to imply compliance with relevant legislation 11F ASIC's power to intervene in proceedings Part II—The duty of the utmost good faith 12 This Part not to be read down 13 The duty of the utmost good faith 14 Parties not to rely on provisions except in the utmost good faith 14A Powers of ASIC—insurer's failure to comply with the duty of the utmost good faith in relation to handling or settlement of claims 15 Certain other laws not to apply Part III—Insurable interests Division 1—General insurance 16 Insurable interest not required 17 Legal or equitable interest not required at time of loss Division 2—Other contracts of insurance 18 Insurable interest not required Division 3—Naming of persons benefited 20 Persons benefited need not be named Part IV—Disclosures and misrepresentations Division 1A—Consumer insurance contracts: insured's duty to take reasonable care not to make a misrepresentation 20A Application of this Division 20B The insured's duty to take reasonable care not to make a misrepresentation 20C Warranties of existing facts to be representations Division 1—Other contracts: insured's duty of disclosure 20E Application of this Division 21 The insured's duty of disclosure 22 Insurer to inform of duty of disclosure Division 2—Other contracts: misrepresentations by insured 23A Application of this Division 23 Ambiguous questions 24 Warranties of existing facts to be representations 25 Misrepresentation by life insured 26 Certain statements not misrepresentations 27 Failure to answer questions Division 3—Remedies for relevant failures 27AA Meaning of relevant failure 27A Certain contracts of life insurance may be treated as if they comprised 2 or more separate contracts of life insurance 28 General insurance 29 Life insurance 30 Misstatements of age 31 Court may disregard avoidance in certain circumstances 32 Relevant failure by life insured covered under group life contract 32A Relevant failure by holder of RSA 33 No other remedies Division 4—Key Facts Sheets 33A Application of this Division 33B What is a Key Facts Sheet? 33C Insurer's obligation to provide Key Facts Sheet 33D Provision of Key Facts Sheet does not constitute clearly informing Part V—The contract Division 1—Standard cover 34 Interpretation 35 Notification of certain provisions 36 Interpretation of regulations 37 Notification of unusual terms Division 1A—Definition of flood 37A Application of this Division 37B Meaning of flood in prescribed contracts etc. 37C Insurer must clearly inform insured whether prescribed contract provides insurance cover in respect of flood 37D Circumstances in which prescribed contract is taken to provide insurance cover etc. in respect of flood 37E Division not to affect provision of insurance cover for certain events Division 2—General provisions relating to insurance contracts 38 Interim contracts of insurance 39 Instalment contracts of general insurance 40 Certain contracts of liability insurance 41 Contracts of liability insurance—consent of insurer required for settlement etc. of claim 42 Maximum cover for premium 43 Arbitration provisions 44 Average provisions 45 "Other insurance" provisions 46 Pre‑existing defect or imperfection 47 Pre‑existing sickness or disability 48 Contracts of general insurance—entitlements of third party beneficiaries 48AA Life policy in connection with RSA for the benefit of third party beneficiary 48A Life policy for the benefit of third party beneficiary 49 Where sum insured exceeds value of insured's interest 50 Sale of insured property 51 Claims against insurer in respect of liability of insured or third party beneficiary 52 "Contracting out" prohibited 53 Variation of contracts of insurance Division 3—Remedies 54 Insurer may not refuse to pay claims in certain circumstances 55 No other remedies 55A Representative actions by the ASIC Part VI—Claims 56 Fraudulent claims 57 Interest on claims Part VII—Expiration, renewal and cancellation 58 Insurer to notify of expiration of contracts of general insurance 59 Cancellation procedure 59A Cancellation of contracts of life insurance 60 Cancellation of contracts of general insurance 61 Insurers in liquidation 62 Cancellation of instalment contracts of general insurance 63 Cancellations of contracts of insurance void Part VIII—Subrogation 64 Application to third party beneficiaries 65 Subrogation to rights against family etc. 66 Subrogation to rights against employees 67 Rights with respect to money recovered under subrogation etc. 68 Contracts affecting rights of subrogation Part IX—Information, notices and reasons 69 Giving of information to insureds 70 Notices to be given to life insureds in certain cases 71 Agency 72 Content and other requirements for notices etc. to be given in writing 72A Method for giving written notices or documents 74 Policy documents to be supplied on request 75 Reasons for cancellation etc. to be given Part IXA—Enforcement Division 1—Civil penalty provisions Subdivision A—Obtaining a pecuniary penalty order 75A Declaration of contravention of civil penalty provision 75B Pecuniary penalty orders 75C Maximum pecuniary penalty 75D Pecuniary penalty applicable 75E Civil enforcement of pecuniary penalty orders 75F Meaning of benefit derived and detriment avoided because of a contravention of a civil penalty provision 75G Conduct contravening more than one civil penalty provision 75H Multiple contraventions 75J Proceedings may be heard together 75K Civil evidence and procedure rules for pecuniary penalty orders Subdivision B—Civil proceedings and criminal proceedings 75L Civil proceedings after criminal proceedings 75M Criminal proceedings during civil proceedings 75N Criminal proceedings after civil proceedings 75P Evidence given in civil proceedings not admissible in criminal proceedings Subdivision C—Miscellaneous 75Q Attempt and involvement in contravention treated in same way as actual contravention 75R Continuing contraventions of civil penalty provisions 75S State of mind 75T Mistake of fact 75U Exceptions etc. to civil penalty provisions—burden of proof 75V Civil penalty provisions contravened by employees, agents or officers Division 2—Infringement notices 75W When an infringement notice may be given 75X Provisions subject to an infringement notice 75Y Matters to be included in an infringement notice 75Z Payment period 75ZA Extension of time to pay amount 75ZB Payment by instalments 75ZC Withdrawal of an infringement notice 75ZD Effect of payment of amount 75ZE Effect of this Division Part X—Miscellaneous 76 Contribution between insurers 78 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to reform and modernise the law relating to certain contracts of insurance so that a fair balance is struck between the interests of insurers, insureds and other members of the public and so that the provisions included in such contracts, and the practices of insurers in relation to such contracts, operate fairly, and for related purposes Part I—Preliminary 1 Short title This Act may be cited as the Insurance Contracts Act 1984. 2 Commencement This Act shall come into operation on a day to be fixed by Proclamation. 3 Repeals (1) The Imperial Acts known as The Life Assurance Act, 1774, The Fires Prevention (Metropolis) Act, 1774 and The Marine Insurance Act, 1788, in their application to a contract of insurance or proposed contract of insurance to or in relation to which this Act applies, are repealed in so far as they are part of the law of the Commonwealth or of an external Territory to which this Act extends. (2) Section 8 of the Acts Interpretation Act 1901 extends to those Imperial Acts as so repealed as though they were Acts of the Parliament repealed by this Act. 4 Previous contracts (1) Subject to subsection (2), this Act does not apply to or in relation to a contract of insurance that was entered into before the date of commencement of this Act. (2) The application of sections 32, 54 and 56 extends to and in relation to a superannuation contract (other than an individual superannuation contract) that was entered into before the date of commencement of this Act in so far as a person who becomes, on or after that date, a member of the relevant superannuation or retirement scheme is concerned. 5 Crown to be bound (1) This Act binds the Crown in right of the Commonwealth or of a Territory in which this Act applies or to which this Act extends but does not bind the Crown in right of a State. (2) Nothing in this Act renders the Crown in right of the Commonwealth or of a Territory liable to be prosecuted for an offence arising under this Act. 6 Extension to external Territories (1) This Act extends to Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, and to any other external Territory that is for the time being declared by Proclamation to be a Territory to which this Act extends. (2) A reference in this Act to the date of commencement of this Act is, in relation to an external Territory to which this Act extends, a reference to that date or to the date on which this Act commences so to extend, whichever is the later. 7 Effect of Act on other laws It is the intention of the Parliament that this Act is not, except in so far as this Act, either expressly or by necessary intendment, otherwise provides, to affect the operation of any other law of the Commonwealth, the operation of law of a State or Territory or the operation of any principle or rule of the common law (including the law merchant) or of equity. 8 Application of Act (1) Subject to section 9, the application of this Act extends to contracts of insurance and proposed contracts of insurance the proper law of which is or would be the law of a State or the law of a Territory in which this Act applies or to which this Act extends. (2) For the purposes of subsection (1), where the proper law of a contract or proposed contract would, but for an express provision to the contrary included or to be included in the contract or in some other contract, be the law of a State or of a Territory in which this Act applies or to which this Act extends, then, notwithstanding that provision, the proper law of the contract is the law of that State or Territory. 9 Exceptions to application of Act (1) Except as otherwise provided by this Act, this Act does not apply to or in relation to contracts and proposed contracts: (a) of reinsurance; or (b) of insurance entered into, or proposed to be entered into, by a private health insurer within the meaning of the Private Health Insurance Act 2007 in respect of its health insurance business within the meaning of Division 121 of that Act; or (ba) of insurance entered into, or proposed to be entered into, by a private health insurer within the meaning of the Private Health Insurance Act 2007 in respect of its health‑related business within the meaning of section 131‑15 of that Act that is conducted through a health benefits fund (as defined by section 131‑10 of that Act); or (c) of insurance entered into, or proposed to be entered into, by a friendly society; or (ca) of insurance entered into, or proposed to be entered into, by the Export Finance and Insurance Corporation, other than short‑term insurance contracts within the meaning of the Export Finance and Insurance Corporation Act 1991 that are entered into on or after the commencement of this paragraph; or (d) to or in relation to which the Marine Insurance Act 1909 applies; or (e) entered into or proposed to be entered into for the purposes of a law (including a law of a State or Territory) that relates to: (i) workers' compensation; or (ii) compensation for the death of a person, or for injury to a person, arising out of the use of a motor vehicle; or (f) entered into or proposed to be entered into: (i) for the purposes of a law (including a law of a State or a Territory) that relates to workers' compensation; and (ii) to provide insurance cover in respect of an employer's liability under a rule of the common law that requires payment of damages to a person for employment‑related personal injury. (1A) If a contract of insurance, or a proposed contract of insurance, includes: (a) provisions (the first group of provisions) that would, if they comprised a single contract or proposed contract, form a contract referred to in any of paragraphs (1)(a) to (f); and (b) provisions (the second group of provisions) that would, if they comprised a single contract or proposed contract, form a contract other than a contract referred to in any of paragraphs (1)(a) to (f); then subsection (1) applies as if the first group of provisions and the second group of provisions were each a separate contract or proposed contract. (1B) Despite subsection (1A), if a contract of insurance, or a proposed contract of insurance, includes: (a) provisions (the first group of provisions) for the purposes of a law referred to in subparagraph (1)(f)(i); and (b) provisions (the second group of provisions) that provide insurance cover of the kind referred to in subparagraph (1)(f)(ii); then subsection (1) applies as if the first group of provisions and the second group of provisions were together a separate contract or proposed contract. (1C) If: (a) a provision (a related provision) of a contract of insurance, or a proposed contract of insurance, relates to or affects the operation of a group or groups of provisions included in the contract or proposed contract; and (b) because of subsection (1A) or (1B), subsection (1) applies as if that group or those groups of provisions were a separate contract or proposed contract; then the related provision is, for the purposes of subsection (1), to be regarded as a provision included in that separate contract or proposed contract. (2) This Act does not apply to or in relation to contracts and proposed contracts of insurance entered into, or proposed to be entered into, in the course of State insurance or Northern Territory insurance, including contracts and proposed contracts entered into, or proposed to be entered into, by: (a) a State or the Northern Territory; and (b) some other insurer; as joint insurers. (3) Sections 37, 41, 58, 59, 60, 63, 69 and 74 do not apply in relation to contracts, and proposed contracts, of insurance against the risk of the loss of an aircraft, or damage to the hull of an aircraft, as a result of war. (4) Sections 53 and 63 do not apply in relation to a provision of a contract, or a proposed contract, of insurance to the extent that: (a) the provision authorises or permits the insurer to vary or cancel either or both of the following: (i) cover for risks related to war; (ii) cover for risks related to terrorism; and (b) the provision is prescribed or otherwise identified by the regulations. 9A Exclusion of pleasure craft from the Marine Insurance Act 1909 (1) The Marine Insurance Act 1909 does not apply to a contract of marine insurance made in respect of a pleasure craft unless the contract is made in connection with the pleasure craft's capacity as cargo. (2) For the purposes of this section, a pleasure craft is a ship that is: (a) used or intended to be used: (i) wholly for recreational activities, sporting activities, or both; and (ii) otherwise than for reward; and (b) legally and beneficially owned by one or more individuals; and (c) not declared by the regulations to be exempt from this subsection. (3) For the purposes of paragraph (2)(a), any minor, infrequent and irregular use of a ship for activities other than: (a) recreational activities; or (b) sporting activities; is to be ignored. (4) In this section: contract of marine insurance has the same meaning as in the Marine Insurance Act 1909. 10 Contracts of insurance (1) A reference in this Act to a contract of insurance includes a reference to a contract that would ordinarily be regarded as a contract of insurance although some of its provisions are not by way of insurance. (2) A reference in this Act to a contract of insurance includes a reference to a contract that includes provisions of insurance in so far as those provisions are concerned, although the contract would not ordinarily be regarded as a contract of insurance. (3) Where a provision included in a contract that would not ordinarily be regarded as a contract of insurance affects the operation of a contract of insurance to which this Act applies, that provision shall, for the purposes of this Act, be regarded as a provision included in the contract of insurance. 11 Interpretation (1) In this Act, unless the contrary intention appears: annual turnover, of a body corporate during a 12‑month period, means the sum of the values of all the supplies that the body corporate, and any body corporate related to the body corporate, have made, or are likely to make, during the 12‑month period, other than: (a) supplies made from any of those bodies corporate to any other of those bodies corporate; or (b) supplies that are input taxed; or (c) supplies that are not for consideration (and are not taxable supplies under section 72‑5 of the A New Tax System (Goods and Services Tax) Act 1999); or (d) supplies that are not made in connection with an enterprise that the body corporate carries on; or (e) supplies that are not connected with Australia. Expressions used in this definition that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act. ASIC means the Australian Securities and Investments Commission. avoid, in relation to a contract of insurance, means avoid from its inception. benefit derived and detriment avoided because of an offence has the meaning given by section 75F. binder means an authority given by an insurer to an insurance intermediary to enter into, as agent for the insurer, contracts of insurance on behalf of the insurer as insurer. broker's placing slip means a document that: (a) is evidence of a contract of insurance; and (b) bears a notation by an insurer setting out the extent of the insurance cover that the insurer agrees to provide under the contract. business day means a day that is not a Saturday, a Sunday or a public holiday or bank holiday. civil penalty provision: a subsection of this Act (or a section of this Act that is not divided into subsections) is a civil penalty provision if: (a) the words "civil penalty" and one or more amounts in penalty units are set out at the foot of the subsection (or section); or (b) another provision of this Act specifies that the subsection (or section) is a civil penalty provision. consumer credit insurance means insurance provided by a class of contracts of insurance: (a) that is declared by the regulations to be a class of contracts to which Division 1 of Part V of this Act applies; and (b) that is identified by those regulations as consumer credit insurance. consumer insurance contract has the meaning given by section 11AB. continuous disability insurance policy means a contract that is a continuous disability policy within the meaning of the Life Insurance Act 1995. contract of life insurance means a contract that constitutes a life policy within the meaning of the Life Insurance Act 1995. contravention: (a) in relation to an offence against a law—includes an ancillary offence relating to the offence against the law; and (b) in relation to a civil penalty provision—has a meaning affected by section 75Q. duty of disclosure means the duty referred to in section 21. duty of the utmost good faith means the duty referred to in subsection 13(1). duty to take reasonable care not to make a misrepresentation means the duty referred to in section 20B. engage in conduct means: (a) do an act; or (b) omit to perform an act. friendly society means: (a) a body that is a friendly society for the purposes of the Life Insurance Act 1995; or (b) a body that is registered or incorporated as a friendly society under a law of a State or Territory; or (c) a body that is permitted, by a law of a State or Territory, to assume or use the expression friendly society; or (d) a body that, immediately before the date that is the transfer date for the purposes of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999, was registered or incorporated as a friendly society under a law of a State or Territory. group life contract means a contract of life insurance that is maintained for the purposes of: (a) a superannuation or retirement scheme under which there can be more than one life insured; or (b) another kind of group life scheme (including a scheme that is not related to employment) under which there can be more than one life insured. guardian, in relation to a person who has not attained the age of 18 years, means a person who acts in the place of a parent of the person but does not include a person who so acts only for limited or particular purposes or periods. holder has the same meaning as in the Retirement Savings Accounts Act 1997. infringement notice means a notice given under section 75W. insurance broker means a person who carries on the business of arranging contracts of insurance, whether in Australia or elsewhere, as agent for intending insureds. insurance intermediary means a person who: (a) for reward; and (b) as an agent for one or more insurers or as an agent for intending insureds; arranges contracts of insurance in Australia or elsewhere, and includes an insurance broker. insured and insurer include a proposed insured and a proposed insurer, respectively. involved, in relation to a contravention, has the same meaning as in the Corporations Act 2001. life insured includes a proposed life insured. payment period, in relation to an infringement notice, has the meaning given by section 75Z. pecuniary penalty order has the meaning given by subsection 75B(4). policy document, in relation to a contract of insurance, means: (a) a document prepared by the insurer as evidence of the contract; or (b) a broker's placing slip that constitutes evidence of the contract; and includes, in relation to an interim contract of insurance, a document of the kind usually known as a cover note prepared by the insurer or by an insurance intermediary with the authority of the insurer. proposal form includes: (a) a document containing questions to which a person is asked to give answers (whether in the document or not), where the answers are intended (whether by the person who answered them, by the insurer or by some other person) to be used in connection with a proposed contract of insurance; and (b) a form relating to the proposed membership of a person of a superannuation, retirement or other group life scheme. relevant court means: (a) the Federal Court of Australia; or (b) the Federal Circuit and Family Court of Australia (Division 2); or (c) the Supreme Court of a State or Territory. relevant failure, in relation to a contract of insurance, has the meaning given by section 27AA. RSA has the same meaning as in the Retirement Savings Accounts Act 1997. RSA provider has the same meaning as in the Retirement Savings Accounts Act 1997. subject to an infringement notice, in relation to an offence provision or civil penalty provision, has the meaning given by section 75X. third party beneficiary, under a contract of insurance, means a person who is not a party to the contract but is specified or referred to in the contract, whether by name or otherwise, as a person to whom the benefit of the insurance cover provided by the contract extends. this Act includes the regulations. writing means writing in the English language or in another language agreed between the insurer and the insured. (2) For the purposes of this Act, an interim contract of insurance is a contract of insurance that is intended by the insurer: (a) to provide temporary insurance cover; and (b) to be replaced or superseded by another contract of insurance; whether or not the contract is evidenced by a document of the kind usually known as a cover note. (4) For the purposes of this Act: (a) a superannuation contract is a contract of life insurance that is being maintained for the purposes of a superannuation or retirement scheme, where the insured is a trustee for the purposes of the scheme; and (b) an individual superannuation contract is a superannuation contract as referred to in paragraph (a) under which there can be one life insured only. (6) For the purposes of this Act, a contract of general insurance is a contract of insurance that is not a contract of life insurance. (7) For the purposes of this Act, a contract of liability insurance is a contract of general insurance that provides insurance cover in respect of the insured's liability for loss or damage caused to a person who is not the insured. (8) For the purposes of this Act, an instalment contract of general insurance is a contract of general insurance the premium for which is, by virtue of a provision of the contract, payable by 7 or more instalments in a year. (9) Subject to subsection (10), a reference in this Act to the entering into of a contract of insurance includes a reference to: (a) in the case of a contract of life insurance—the making of an agreement by the parties to the contract to extend or vary the contract; (b) in the case of any other contract of insurance—the making of an agreement by the parties to the contract to renew, extend or vary the contract; or (c) the reinstatement of any previous contract of insurance. (10) Notwithstanding subsection (9): (a) subject to paragraph (c), where, after the commencement of this Act and at or before the original entering into, or the renewal, extension or reinstatement, of a contract of insurance, the insurer has given information to the insured as required by section 22, 35, 37, 37C, 40, 44, 49 or 68, the requirement by that section to give information to the insured shall be deemed to be satisfied at or before any subsequent renewal, extension or reinstatement of the contract; (b) sections 22 and 40 do not require an insurer to give information to the insured at or before a variation of the relevant contract of insurance, unless subsection (10A) applies to the variation; and (c) sections 35, 37, 37C, 44, 49 and 68 require an insurer to give information to the insured at or before a variation of the relevant contract of insurance, but only to the extent that the information relates to the provision or provisions varied or proposed to be varied. (10A) This subsection applies to a variation of a contract of insurance if: (a) the variation: (i) is involved in a renewal, extension or reinstatement of the contract; or (ii) will provide a kind of insurance cover that was not provided by the contract immediately before the variation; or (iii) in the case of a contract of life insurance—will increase a sum insured under the contract in respect of one or more of the life insureds; and (b) the variation is not an automatic variation but is required to be expressly agreed between the insurer and the insured before the contract is varied. (11) Where a provision of this Act requires anything to be done before a particular contract is entered into, it is sufficient compliance with that provision if that thing is done at the time when the contract is entered into. 11AA Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 11AB Consumer insurance contracts (1) For the purposes of this Act, a contract of insurance is a consumer insurance contract if the insurance is obtained wholly or predominantly for the personal, domestic or household purposes of the insured. (2) A contract of insurance is also a consumer insurance contract if: (a) it is for new business; and (b) the insurer, before the contract is entered into, gives the insured a written notice stating that the contract is a consumer insurance contract. (3) If it is alleged in a proceeding in relation to a contract of insurance that the contract is a consumer insurance contract, it is presumed that the contract is a consumer insurance contract unless the contrary is established. Part IA—Administration 11AAA Definition In this Part, unless the contrary intention appears: relevant legislation means: (a) this Act; or (b) Part 3 of the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003. 11A ASIC responsible for general administration of Act Subject to any directions of the Minister, ASIC has the general administration of this Act. 11B Powers of the ASIC For the purpose of undertaking the general administration of the relevant legislation, ASIC has power to do all things that are necessary or convenient to be done in connection with the administration of the relevant legislation and, without limiting the generality of that power, has power: (a) to promote the development of facilities for handling inquiries in relation to insurance matters; and (b) to monitor complaints in relation to insurance matters; and (c) to liaise generally with other persons or bodies having a responsibility to deal with inquiries, complaints and disputes concerning insurance matters; and (d) to review documents (including documents promoting particular kinds of insurance cover) issued by insurers and given to ASIC in compliance with section 11C; and (e) to review particulars, statistics and documents given to ASIC in compliance with section 11D; and (f) to monitor legal judgments, industry trends and the development of community expectations that are, or are likely to be, of relevance to the efficient operation of the relevant legislation; and (g) to promote the education of the insurance industry, the legal profession and consumers as to the objectives and requirements of the relevant legislation. 11C Supervisory powers—ASIC may obtain insurance documents (1) ASIC may, for any purpose connected with the general administration of the relevant legislation, by notice in writing given to an insurer, require the insurer to give to ASIC, within 30 days of receipt of the notice, or such longer period as is specified in the notice, copies of: (a) documents specified in the notice relating to insurance cover provided, or proposed to be provided, by the insurer; or (b) documents relating to insurance cover of a kind specified in the notice provided, or proposed to be provided, by the insurer. (2) An insurer must not fail, without reasonable excuse, to comply with the requirements of a notice under subsection (1). Penalty: 150 penalty units. Note: For the liability of a director, employee or agent of an insurer, see section 11DA. (2A) An offence against subsection (2) is a strict liability offence. Note: For strict liability, see section 6.1 of the Criminal Code. (3) Subsection (1) does not require an insurer to give to ASIC any document dealing with the insurance cover provided to a particular person unless: (a) that person, or another person having an entitlement to claim under that insurance cover, has given a written authorisation to ASIC permitting ASIC to require the giving of that document; and (b) ASIC has given a copy of the authorisation to the insurer with the notice. Note: A defendant bears an evidential burden in relation to the matters in subsection (3), see subsection 13.3(3) of the Criminal Code. (4) It is a reasonable excuse for an insurer to refuse or fail to comply with the requirements of a notice under subsection (1) if to do so would tend to incriminate the insurer. Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code. 11D Supervisory powers—ASIC may review administrative arrangements etc. (1) ASIC may, for any purpose connected with the general administration of the relevant legislation, by notice in writing given to an insurer, require the insurer to give to ASIC, within 30 days of receipt of the notice or such longer period as is specified in the notice: (a) written particulars of the organisational structure and administrative arrangements of the insurer either generally or in a particular area of insurance; or (b) statistics relating to the nature and volume of the insurance business of the insurer either generally or in a particular area of insurance; or (c) copies of any training guides, work manuals or other materials of a similar nature used by an insurer in instructing its employees or any insurance intermediaries dealing with persons who have, or may be likely to seek, insurance cover from the insurer. (2) An insurer must not, intentionally or recklessly, give ASIC, in purported compliance with a requirement under subsection (1), particulars or statistics that are false or misleading in a material particular. Penalty: 150 penalty units. Note: For the liability of a director, employee or agent of an insurer, see section 11DA. (3) An insurer must not fail, without reasonable excuse, to comply with the requirements of a notice under subsection (1). Penalty: 150 penalty units. Note: For the liability of a director, employee or agent of an insurer, see section 11DA. (3A) An offence against subsection (3) is a strict liability offence. Note: For strict liability, see section 6.1 of the Criminal Code. (4) Subsection (1) does not require an insurer to give ASIC a copy of any document or any information: (a) that reveals the identity of a particular insured or third party claimant; or (b) from which the identity of a particular insured or third party claimant can be deduced. Note: A defendant bears an evidential burden in relation to the matters in subsection (4), see subsection 13.3(3) of the Criminal Code. (5) It is a reasonable excuse for an insurer to refuse or fail to comply with the requirements of a notice under subsection (1) if to do so would tend to incriminate the insurer. Note: A defendant bears an evidential burden in relation to the matters in subsection (5), see subsection 13.3(3) of the Criminal Code. (6) In this section: third party claimant means a person, other than the insured, who is, or might be, entitled to make a claim under a contract of insurance. 11DA Supervisory powers—liability of directors, employees and agents of insurers (1) A person commits an offence if: (a) the person is: (i) a director of a company that is an insurer; or (ii) an employee or agent of an insurer; and (b) the person permits or authorises the insurer to engage in conduct; and (c) the conduct constitutes an offence (the insurer offence) against subsection 11C(2) or 11D(2) or (3); and (d) the insurer commits the insurer offence. Penalty: 150 penalty units. (2) There is no fault element for the physical element described in paragraph (1)(d) other than the fault elements (if any) for the physical elements of the insurer offence. (3) To avoid doubt: (a) an insurer does not commit the insurer offence, for the purposes of subsection (1), if the insurer has a defence to the insurer offence; and (b) a person may be convicted of an offence against subsection (1) even if the insurer concerned has not been prosecuted for, or convicted of, the insurer offence. (4) In this section: conduct means: (a) an act; or (b) an omission to perform an act. engage in conduct means: (a) do an act; or (b) omit to perform an act. 11E Examination of documents by ASIC not to imply compliance with relevant legislation The fact that documents in use by an insurer previously have been given to ASIC under section 11C or 11D does not imply: (a) that ASIC has found that the documents comply with the requirements of the relevant legislation; or (b) that ASIC endorses any practice or procedure described in the documents. 11F ASIC's power to intervene in proceedings (1) ASIC may intervene in any proceeding relating to a matter arising under: (a) this Act; or (b) Part 3 of the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003. (2) If ASIC intervenes in a proceeding under subsection (1): (a) ASIC is taken to be a party to the proceeding; and (b) ASIC has all the rights, duties and liabilities of such a party (subject to this Act or Part 3 of the Medical Indemnity (Prudential Supervision and Product Standards) Act 2003, as the case requires). (3) Without limiting subsection (2), ASIC may appear and be represented in a proceeding in which it intervenes under subsection (1): (a) by a staff member of ASIC; or (b) by a natural person or body to whom ASIC has delegated its functions and powers under this Act; or (c) by a solicitor or by counsel. Part II—The duty of the utmost good faith 12 This Part not to be read down The effect of this Part is not limited or restricted in any way by any other law, including the subsequent provisions of this Act, but this Part does not have the effect of imposing on an insured, in relation to the disclosure of a matter to the insurer, a duty other than: (a) in relation to a consumer insurance contract or proposed consumer insurance contract—the duty to take reasonable care not to make a misrepresentation; or (b) in relation to any other contract of insurance or proposed contract of insurance—the duty of disclosure. Note: This Part operates in addition to the unfair contract terms provisions of the Australian Securities and Investments Commission Act 2001 (see paragraph 15(2)(d) of this Act). 13 The duty of the utmost good faith (1) A contract of insurance is a contract based on the utmost good faith and there is implied in such a contract a provision requiring each party to it to act towards the other party, in respect of any matter arising under or in relation to it, with the utmost good faith. (2) A failure by a party to a contract of insurance to comply with the provision implied in the contract by subsection (1) is a breach of the requirements of this Act. (2A) An insurer under a contract of insurance contravenes this subsection if the insurer fails to comply with the provision implied in the contract by subsection (1). Civil penalty: 5,000 penalty units. (3) A reference in this section to a party to a contract of insurance includes a reference to a third party beneficiary under the contract. (4) This section applies in relation to a third party beneficiary under a contract of insurance only after the contract is entered into. 14 Parties not to rely on provisions except in the utmost good faith (1) If reliance by a party to a contract of insurance on a provision of the contract would be to fail to act with the utmost good faith, the party may not rely on the provision. (2) Subsection (1) does not limit the operation of section 13. (3) In deciding whether reliance by an insurer on a provision of the contract of insurance would be to fail to act with the utmost good faith, the court shall have regard to any notification of the provision that was given to the insured, whether a notification of a kind mentioned in section 37 or otherwise. 14A Powers of ASIC—insurer's failure to comply with the duty of the utmost good faith in relation to handling or settlement of claims (1) This section applies if an insurer under a contract of insurance has failed to comply with the duty of the utmost good faith in the handling or settlement of a claim or potential claim under the contract. (2) Despite any provision of Chapter 7 of the Corporations Act 2001 or any regulation made under that Chapter, ASIC may exercise its powers under Subdivision C of Division 4 of Part 7.6 of that Act or Subdivision A of Division 8 of that Part in relation to the insurer as if the insurer's failure to comply with the duty of the utmost good faith were a failure by the insurer to comply with a financial services law (within the meaning of the Corporations Act 2001). Note: Subdivision C of Division 4 of Part 7.6 of the Corporations Act 2001 deals with variation, suspension and cancellation of an Australian financial services licence, and Subdivision A of Division 8 of that Part deals with banning persons from providing financial services. 15 Certain other laws not to apply (1) A contract of insurance is not capable of being made the subject of relief under: (a) any other Act; or (b) a State Act; or (c) an Act or Ordinance of a Territory. (2) Relief to which subsection (1) applies means relief in the form of: (a) the judicial review of a contract on the ground that it is harsh, oppressive, unconscionable, unjust, unfair or inequitable; or (b) relief for insureds from the consequences in law of making a misrepresentation; but does not include: (c) relief in the form of compensatory damages; or (d) relief relating to the effect of section 12BF (unfair contract terms) of the Australian Securities and Investments Commission Act 2001. Note: See Subdivision G (enforcement and remedies) of Division 2 of Part 2 of the Australian Securities and Investments Commission Act 2001 for certain remedies relating to the effect of section 12BF of that Act. Part III—Insurable interests Division 1—General insurance 16 Insurable interest not required (1) A contract of general insurance is not void by reason only that the insured did not have, at the time when the contract was entered into, an interest in the subject‑matter of the contract. 17 Legal or equitable interest not required at time of loss Where the insured under a contract of general insurance has suffered a pecuniary or economic loss by reason that property the subject‑matter of the contract has been damaged or destroyed, the insurer is not relieved of liability under the contract by reason only that, at the time of the loss, the insured did not have an interest at law or in equity in the property. Division 2—Other contracts of insurance 18 Insurable interest not required (1) This section applies to: (a) a contract of life insurance; or (b) a contract that provides for the payment of money on the death of a person by sickness or accident. (2) A contract to which this section applies is not void by reason only that the insured did not have, at the time when the contract was entered into, an interest in the subject‑matter of the contract. Division 3—Naming of persons benefited 20 Persons benefited need not be named An insurer under a contract of insurance is not relieved of liability under the contract by reason only that the names of the persons who may benefit under the contract are not specified in the policy document. Part IV—Disclosures and misrepresentations Division 1A—Consumer insurance contracts: insured's duty to take reasonable care not to make a misrepresentation 20A Application of this Division This Division applies in relation to: (a) consumer insurance contracts; and (b) proposed contracts of insurance that, if entered into, would be consumer insurance contracts. 20B The insured's duty to take reasonable care not to make a misrepresentation (1) Subject to this Act, an insured has a duty to take reasonable care not to make a misrepresentation to the insurer before the relevant contract of insurance is entered into. (2) Whether or not an insured has taken reasonable care not to make a misrepresentation is to be determined with regard to all the relevant circumstances. (3) Without limiting subsection (2), the following matters may be taken into account in determining whether an insured has taken reasonable care not to make a misrepresentation: (a) the type of consumer insurance contract in question, and its target market; (b) explanatory material or publicity produced or authorised by the insurer; (c) how clear, and how specific, any questions asked by the insurer of the insured were; (d) how clearly the insurer communicated to the insured the importance of answering those questions and the possible consequences of failing to do so; (e) whether or not an agent was acting for the insured; (f) whether the contract was a new contract or was being renewed, extended, varied or reinstated. (4) Any particular characteristics or circumstances of the insured of which the insurer was aware, or ought reasonably to have been aware, are to be taken into account in determining whether an insured has taken reasonable care not to make a misrepresentation. (5) The insured is not to be taken to have made a misrepresentation merely because the insured: (a) failed to answer a question; or (b) gave an obviously incomplete or irrelevant answer to a question. (6) To avoid doubt, a misrepresentation made fraudulently is made in breach of the duty to take reasonable care not to make a misrepresentation. 20C Warranties of existing facts to be representations A statement with respect to the existence of a state of affairs that is: (a) made in or in connection with a contract of insurance; and (b) made by or attributable to the insured; does not have effect as a warranty but has effect as though it were a statement made to the insurer by the insured during the negotiations for the contract but before it was entered into. Division 1—Other contracts: insured's duty of disclosure 20E Application of this Division This Division applies in relation to: (a) contracts of insurance that are not consumer insurance contracts; and (b) proposed contracts of insurance that, if entered into, would not be consumer insurance contracts. 21 The insured's duty of disclosure (1) Subject to this Act, an insured has a duty to disclose to the insurer, before the relevant contract of insurance is entered into, every matter that is known to the insured, being a matter that: (a) the insured knows to be a matter relevant to the decision of the insurer whether to accept the risk and, if so, on what terms; or (b) a reasonable person in the circumstances could be expected to know to be a matter so relevant, having regard to factors including, but not limited to: (i) the nature and extent of the insurance cover to be provided under the relevant contract of insurance; and (ii) the class of persons who would ordinarily be expected to apply for insurance cover of that kind. (2) The duty of disclosure does not require the disclosure of a matter: (a) that diminishes the risk; (b) that is of common knowledge; (c) that the insurer knows or in the ordinary course of the insurer's business as an insurer ought to know; or (d) as to which compliance with the duty of disclosure is waived by the insurer. (3) Where a person: (a) failed to answer; or (b) gave an obviously incomplete or irrelevant answer to; a question included in a proposal form about a matter, the insurer shall be deemed to have waived compliance with the duty of disclosure in relation to the matter. 22 Insurer to inform of duty of disclosure (1) The insurer must, before a contract of insurance is entered into, clearly inform the insured in writing: (a) of the general nature and effect of the duty of disclosure; and (c) if the contract is a contract of life insurance—of the effect of subsection 27AA(2); and (d) that the duty of disclosure applies until the proposed contract is entered into. (2) If the proposed contract is a contract of life insurance, the insurer must also, before the contract is entered into, clearly inform, in writing, any person (other than the insured) who, under the contract, would become a life insured of the matters referred to in subsection (1). (3) If: (a) an insurer complies with subsection (1) in relation to a proposed contract of insurance; and (b) the insurer accepts an offer by the insured to enter into the proposed contract, or makes a counter‑offer to enter into another contract of insurance with the insured; and (c) the insurer's acceptance or counter‑offer is made more than 2 months after the insured's most recent disclosure for the purpose of complying with the duty of disclosure in relation to the proposed contract; then the insurer must give to the insured, with the acceptance or counter‑offer, a reminder notice stating that the duty of disclosure applies until the proposed or other contract is entered into. (4) If the regulations prescribe a form of writing to be used: (a) for informing a person of the matters referred to in subsection (1); or (b) for the reminder notice referred to in subsection (3); the writing to be used may be in accordance with the prescribed form. (5) An insurer who has not complied with subsection (1) and (if applicable) subsection (2) may not exercise a right in respect of a failure to comply with the duty of disclosure, unless the failure was fraudulent. (6) If: (a) an insurer is required to comply with subsection (3) in relation to a contract of insurance; and (b) the insurer does not do so; then the insurer may not exercise a right in respect of a failure to comply with the duty of disclosure in relation to a new matter relating to the contract, unless the failure was fraudulent. (7) For the purposes of subsection (6), a new matter relating to a contract of insurance is a matter of which the insured first becomes aware after the insured's most recent disclosure for the purpose of complying with the duty of disclosure in relation to the contract. Division 2—Other contracts: misrepresentations by insured 23A Application of this Division This Division applies in relation to: (a) contracts of insurance that are not consumer insurance contracts; and (b) proposed contracts of insurance that, if entered into, would not be consumer insurance contracts. 23 Ambiguous questions Where: (a) a statement is made in answer to a question asked in relation to a proposed contract of insurance or the provision of insurance cover in respect of a person who is seeking to become a member of a superannuation, retirement or other group life scheme; and (b) a reasonable person in the circumstances would have understood the question to have the meaning that the person answering the question apparently understood it to have; that meaning shall, in relation to the person who made the statement, be deemed to be the meaning of the question. 24 Warranties of existing facts to be representations A statement made in or in connection with a contract of insurance, being a statement made by or attributable to the insured, with respect to the existence of a state of affairs does not have effect as a warranty but has effect as though it were a statement made to the insurer by the insured during the negotiations for the contract but before it was entered into. 25 Misrepresentation by life insured Where, during the negotiations for a contract of life insurance but before it was entered into, a misrepresentation was made to the insurer by a person who, under the contract, became the life insured or one of the life insureds, this Act has effect as though the misrepresentation had been so made by the insured. 26 Certain statements not misrepresentations (1) Where a statement that was made by a person in connection with a proposed contract of insurance was in fact untrue but was made on the basis of a belief that the person held, being a belief that a reasonable person in the circumstances would have held, the statement shall not be taken to be a misrepresentation. (2) A statement that was made by a person in connection with a proposed contract of insurance shall not be taken to be a misrepresentation unless the person who made the statement knew, or a reasonable person in the circumstances could be expected to have known, that the statement would have been relevant to the decision of the insurer whether to accept the risk and, if so, on what terms. (3) This section extends to the provision of insurance cover in respect of: (a) a person who is seeking to become a member of a superannuation, retirement or other group life scheme; or (b) a person who is a holder, or is applying to become a holder, of an RSA. 27 Failure to answer questions A person shall not be taken to have made a misrepresentation by reason only that the person failed to answer a question included in a proposal form or gave an obviously incomplete or irrelevant answer to such a question. Division 3—Remedies for relevant failures 27AA Meaning of relevant failure (1) In this Act, a relevant failure in relation to a contract of insurance is: (a) if the contract is, or would be, a consumer insurance contract—a misrepresentation made by the insured in breach of the duty to take reasonable care not to make a misrepresentation; or (b) otherwise: (i) a failure by the insured to comply with the duty of disclosure; or (ii) a misrepresentation made by the insured to the insurer before the contract was entered into. (2) Without limiting subsection (1), if, in relation to a contract of life insurance under which a person other than the insured would become a life insured: (a) the life insured made a misrepresentation during the negotiations for the contract but before it was entered into; and (b) the misrepresentation would have been a breach of the duty to take reasonable care not to make a misrepresentation if that duty had applied to the life insured in relation to the contract; then the misrepresentation is a relevant failure in relation to the contract (whether or not the contract is a consumer insurance contract). 27A Certain contracts of life insurance may be treated as if they comprised 2 or more separate contracts of life insurance (1) If: (a) a contract of life insurance includes 2 or more groups of provisions (for example, provisions that are grouped into 2 or more separate parts); and (b) each group of provisions could form a single contract of life insurance; then this Division applies as if each group of provisions were a separate contract of life insurance. (2) If: (a) a contract of life insurance includes 2 or more groups of provisions (for example, provisions that are grouped into 2 or more separate parts); and (b) because of subsection (1), this Division applies as if each group of provisions were a separate contract of life insurance; and (c) the contract also includes provisions (related provisions) that relate to or affect the operation of one or more of the groups of provisions referred to in paragraph (a); then the related provisions are, for the purposes of this Division, to be regarded as provisions included in each relevant separate contract of life insurance referred to in paragraph (b). (3) If a contract of life insurance provides insurance cover in relation to 2 or more life insureds, this Division applies as if the insurance cover provided in relation to each life insured were provided by a separate contract of life insurance. (4) If a contract of life insurance provides: (a) insurance cover in relation to a life insured that is underwritten on particular terms; and (b) insurance cover in relation to that life insured that: (i) is not underwritten; or (ii) is underwritten on different terms; then this Division applies as if the insurance cover referred to in paragraph (a) and the insurance cover referred to in paragraph (b) were each provided by a separate contract of life insurance. Note: The effect of this section in relation to a contract of life insurance to which subsection (1), (3) or (4) applies is that different remedies may be available to the insurer in respect of each separate contract of life insurance that is taken to exist by virtue of the relevant subsection. 28 General insurance (1) This section applies if a relevant failure occurs in relation to a contract of general insurance, but does not apply if the insurer would have entered into the contract, for the same premium and on the same terms and conditions, even if the failure had not occurred. (2) If the relevant failure was fraudulent, the insurer may avoid the contract. (3) If the insurer is not entitled to avoid the contract or, being entitled to avoid the contract (whether under subsection (2) or otherwise) has not done so, the liability of the insurer in respect of a claim is reduced to the amount that would place the insurer in a position in which the insurer would have been if the relevant failure had not occurred. 29 Life insurance Scope (1) This section applies if a relevant failure occurs in relation to a contract of life insurance, but does not apply if: (a) the insurer would have entered into the contract even if the failure had not occurred; or (b) the failure was in respect of the date of birth of one or more of the life insureds. Note: If subsection 27A(1), (3) or (4) applies to the contract of life insurance, different remedies may be available to the insurer in respect of each separate contract of life insurance that is taken to exist by virtue of the relevant subsection. Insurer may avoid contract (2) If the relevant failure was fraudulent, the insurer may avoid the contract. (3) If: (a) the relevant failure was not fraudulent; and (b) the insurer would not have been prepared to enter into a contract of life insurance with the insured on any terms, if the relevant failure had not occurred; the insurer may, within 3 years after the contract was entered into, avoid the contract. Insurer may vary contract (4) If the insurer has not avoided the contract, whether under subsection (2) or (3) or otherwise, the insurer may, by notice in writing given to the insured, vary the contract by substituting for the sum insured (including any bonuses) a sum that is not less than the sum ascertained in accordance with the formula where: S is the number of dollars that is equal to the sum insured (including any bonuses). P is the number of dollars that is equal to the premium that has, or to the sum of the premiums that have, become payable under the contract; and Q is the number of dollars that is equal to the premium, or to the sum of the premiums, that the insurer would have been likely to have charged if the relevant failure had not occurred. Note: This subsection applies differently in relation to a contract with a surrender value, or a contract that provides insurance cover in respect of the death of a life insured (see subsection (10)). (5) In the application of subsection (4) in relation to a contract that provides for periodic payments, the sum insured means each such payment (including any bonuses). (6) If the insurer has not avoided the contract or has not varied the contract under subsection (4), the insurer may, by notice in writing given to the insured, vary the contract in such a way as to place the insurer in the position (subject to subsection (7)) in which the insurer would have been if the relevant failure had not occurred. Note: This subsection does not apply in relation to a contract with a surrender value, or a contract that provides insurance cover in respect of the death of a life insured (see subsection (10)). (7) The position of the insurer under a contract (the relevant contract) that is varied under subsection (6) must not be inconsistent with the position in which other reasonable and prudent insurers would have been if: (a) they had entered into similar contracts of life insurance to the relevant contract; and (b) there had been no relevant failure in relation to the similar contracts. (8) For the purposes of subsection (7), a contract of life insurance (the similar contract) is similar to another contract of life insurance (the relevant contract) if: (a) the similar contract provides insurance cover that is the same as, or similar to, the kind of insurance cover provided by the relevant contract; and (b) the similar contract was entered into at, or close to, the time the relevant contract was entered into. Date of effect of variation of contract (9) A variation of a contract under subsection (4) or (6) has effect from the time when the contract was entered into. Exception for contracts with a surrender value or that provide cover on death (10) If the contract is a contract with a surrender value, or a contract that provides insurance cover in respect of the death of a life insured: (a) the insurer may vary the contract under subsection (4) before the expiration of 3 years after the contract was entered into, but not after that period; and (b) subsections (6), (7) and (8) do not apply in relation to the contract. 30 Misstatements of age (1) In this section, the standard formula, in relation to a contract of life insurance means the formula where: S is the number of dollars that is equal to the sum insured (including any bonuses). P is the number of dollars that is equal to the premium that has, or to the sum of the premiums that have, become payable under the contract; and Q is the number of dollars that is equal to the premium, or to the sum of the premiums, that would have become payable under the contract if it or they had been ascertained on the basis of the correct date of birth or dates of birth. (2) If the date of birth of one or more of the life insureds under a contract of life insurance was not correctly stated to the insurer at the time when the contract was entered into: (a) where the sum insured (including any bonuses) exceeds the amount in dollars ascertained in accordance with the standard formula—the insurer may at any time vary the contract by substituting for the sum insured (including any bonuses) an amount that is not less than the amount in dollars so ascertained; and (b) where the sum insured (including any bonuses) is less than the amount so ascertained, the insurer shall either: (i) reduce, as from the date on which the contract was entered into, the premium payable to the amount that would have been payable if the contract had been based on the correct date of birth or correct dates of birth and repay the amount of overpayments of premium (less any amount that has been paid as the cash value of bonuses in excess of the cash value that would have been paid if the contract had been based on the correct date of birth or correct dates of birth) together with interest on that am