259DLiability of insured person for wrongly claiming exemption

#### 259D Liability of insured person for wrongly claiming exemption 259D Liability of insured person for wrongly claiming exemption > > (1) An insurer who is liable to pay the duty under this Chapter on a contract of insurance with the insurer may require a person who wrongly claims a small business exemption in respect of the contract of insurance to pay the insurer an amount equal to the duty, together with any interest or penalty tax payable. > > > (2) The requirement is duly made if it is contained in a written request that is given to the person and that specifies the amount of duty. > > > (3) If the amount is not paid, the insurer may recover it as a debt. > > > (4) A person wrongly claims a small business exemption if the person provides the insurer with a small business declaration in respect of the contract of insurance and the person is not a small business at the time the insurance is effected or renewed. > > > (5) It does not matter whether or not the declaration was made dishonestly. > > > (6) In this section— > > > > small business declaration has the same meaning as it has in section 259C. > > **s 259D:** Ins 2017 No 33, Sch 4 \[4\].