Div 5General

Division 5—General 49—Application for insurance (1) An application for invalidity/death or death insurance under this Part, including an application to increase the level of the applicant's insurance, must be in the approved form and must specify the invalidity or death insurance that the applicant is applying for. (2) An applicant must provide the Board with the following information as to the state of the applicant's health: (a) information relating to medical advice, examination or treatment received by the applicant; (b) information as to any other treatment received by the applicant for any illness, condition or disability suffered by the applicant; (c) information as to any illness, condition or disability suffered by the applicant or any symptoms suffered by the applicant that may indicate an illness, condition or disability; (d) information as to any drugs or other substances (whether legal or illegal and whether medicinal or not) taken by the applicant or to which the applicant has been exposed, and the Board may require an applicant to provide satisfactory evidence of the state of the applicant's health. (3) The cost of any medical examination to which an applicant is required to submit for the purposes of subregulation (2) is to be borne by the applicant. (4) If it appears to the Board— (a) that an applicant's state of health is such as to create a risk of invalidity or premature death; or (b) that an applicant has in the past engaged in a prescribed activity that increases the risk of invalidity or premature death; or (c) that an applicant is likely in the future to engage in an activity of a kind referred to in paragraph (b), the Board may refuse the application or grant the application on authorised conditions. (4a) Consideration of an application to which subregulation (4) applies may, if the Board thinks fit, be deferred for a reasonable period. (5) A condition on which an application has been granted (whether under the repealed Act or these regulations) may be varied or removed by the Board if the Board considers it appropriate to do so following consideration of medical evidence provided by the applicant (but a condition may not be removed unless the Board is satisfied that none of the circumstances specified in subregulation (4)(a), (b) or (c) apply in relation to the applicant). (6) Subject to subregulation (7), if it appears to the Board that an applicant withheld information required in relation to his or her application under this regulation, the Board may withhold or reduce insurance benefits that the applicant would otherwise have been entitled to. (a) it appears to the Board that an applicant withheld information required in relation to his or her application under this regulation; and (b) the withheld information relates to an illness, condition or disability suffered by the applicant that caused or is connected with the applicant's invalidity or death, the Board must withhold insurance benefits that the applicant or another person would otherwise have been entitled to in respect of that invalidity or death. (8) In this regulation— authorised condition, in relation to invalidity/death insurance or death insurance in respect of a person, means— (a) a condition providing that insurance is not payable if the person's invalidity or death is caused wholly or partly by— (i) a pre‑existing illness, condition or disability; or (ii) an illness, condition or disability arising out of a pre‑existing illness, condition or disability; or (iii) a prescribed activity; or (b) a condition that insurance cover is to be provided only in respect of incapacity or death arising from— (i) accidental causes; or (ii) an illness or condition that is not related to or associated with a medical condition of a kind specified by the Board; prescribed activity means the smoking, chewing or sucking of a tobacco product or any other activity involving the consumption of a tobacco product; tobacco product means— (a) a cigarette; or (b) a cigar; or (c) cigarette or pipe tobacco; or (d) tobacco prepared for chewing or sucking; or (e) snuff. 50—Application to decrease level of insurance An application to decrease the level of the applicant's insurance must be in the approved form. 51—Financial statements Pursuant to section 15(2) of the Act, financial statements prepared by the Board as required by that section must set out the aggregate of the amounts debited against contribution accounts and spouse accounts in respect of premiums for insurance.