13Representations etc. by intermediaries

##### 13 Representations etc. by intermediaries (1) A person to whom this section applies shall not with intent to deceive make a false or misleading statement: (a) as to any amount that would be payable in respect of a proposed contract of insurance; or (b) as to the effect of any of the provisions of a contract of insurance or of a proposed contract of insurance. (1A) A reference in subsection (1) to making a misleading statement includes a reference to omitting to disclose matter that is material to a statement. (2) A person to whom this section applies shall not with intent to deceive, in relation to a proposed contract of insurance: (a) write on a form, being a form that is given or sent to the insurer, matter that is material to the contract and is false or misleading in a material particular; (b) omit to disclose to the insurer matter that is material to the proposed contract; (c) advise or induce the intending insured to write on a form, being a form that is given or sent to the insurer, matter that is false or misleading in a material particular; or (d) advise or induce the intending insured to omit to disclose to the insurer matter that is material to the proposed contract. (3) A person to whom this section applies shall not with intent to deceive, in relation to a claim under a contract of insurance: (a) fill up, in whole or in part, a form, being a form that is given or sent to the insurer, in such a way that the form is false or misleading in a material particular; (b) omit to disclose to the insurer matter that is material to the claim; (c) induce the insured to fill up, in whole or in part, a form, being a form that is given or sent to the insurer, in such a way that the form is false or misleading in a material particular; or (d) advise or induce the insured to omit to disclose to the insurer matter that is material to the claim. (4) An act done in contravention of subsection (1) or (2) constitutes an offence against the subsection concerned notwithstanding that a contract of insurance does not come into being. (5) The persons to whom this section applies are: (a) insurance intermediaries; and (b) agents and employees of insurance intermediaries and of insurers. Penalty: Imprisonment for 2 years. > Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence.