Definition for the purposes of paragraph 8B(3)(a) of the Act
(1) For the purposes of paragraph 8B(3)(a) of the Act:
home building, in relation to a contract of insurance, means:
(a) any of the following that is located on a site specified in the contract:
(i) a building used, or intended to be used, principally and primarily as a place of residence, whether by the insured or another person;
(ii) an out‑building, fixture or structural improvement used for domestic purposes that are related to the use of a building covered by subparagraph (i);
(iii) a caravan or moveable home that is fixed to the site and is used, or intended to be used, principally and primarily as a place of residence, whether by the insured or another person; or
(b) fixed wall coverings, fixed ceiling coverings and fixed floor coverings (other than carpets) in anything covered by subparagraph (a)(i), (ii) or (iii); or
(c) a service (whether underground or not):
(i) that is in, or connected to, anything covered by subparagraph (a)(i), (ii) or (iii); and
(ii) that is the property of the insured, or that the insured is liable to repair or replace or to pay the cost of repairing and replacing; or
(d) a fence that:
(i) is wholly or partly on the site; and
(ii) surrounds anything covered by subparagraph (a)(i), (ii) or (iii); and
(iii) is not used principally and primarily for the purposes of a farm business within the meaning of paragraph 8B(7)(b) of the Act (including anything covered by a subparagraph of that paragraph); or
(e) a gate in a fence covered by paragraph (d) of this definition;
but does not include:
(f) a hotel; or
(g) a motel; or
(h) a boarding house; or
(i) an aged care facility; or
(j) a building that is in the course of construction; or
(k) a temporary building or structure; or
(l) a demountable or moveable structure (except one covered by subparagraph (a)(iii) of this definition).
(2) A definition in subregulation (1) applies to a part of a building in the same way as it applies to a building.
(3) Nothing in paragraphs (b), (c) and (d) of the definition of home building in subregulation (1) is intended to limit the generality of anything in paragraph (a) of that definition.
Definitions for the purposes of paragraph 8B(3)(b) of the Act
(4) For the purposes of paragraph 8B(3)(b) of the Act:
contents of a home building, in relation to a contract of insurance, means the following items of property:
(a) items that are located in the home building, or elsewhere on a site that is specified in the contract and on which the home building is located;
(b) items that are usually so located, and are still insured under the contract even when not so located.
home building, in relation to a contract of insurance, means any of the following that is located on a site specified in the contract:
(a) a building used principally and primarily as a place of residence, whether by the insured or another person;
(b) an out‑building used for domestic purposes that are related to the use of a building covered by paragraph (a);
(c) a caravan or moveable home that is fixed to the site and is used, or intended to be used, principally and primarily as a place of residence, whether by the insured or another person;
but does not include:
(d) any of the following:
(i) a hotel;
(ii) a motel;
(iii) a boarding house;
(iv) an aged care facility;
except so much of the hotel, motel, boarding house or aged care facility as the insured uses principally and primarily as a place of residence; or
(e) a building that is in the course of construction; or
(f) a temporary building or structure; or
(g) a demountable or moveable structure (except one covered by paragraph (c)).
(5) A definition in subregulation (4) applies to a part of a building in the same way as it applies to a building.
Definitions for the purposes of paragraph 8B(3)(c) of the Act
(6) For the purposes of paragraph 8B(3)(c) of the Act:
building, in relation to a contract of insurance, means:
(a) any of the following that is located on a site specified in the contract:
(i) a building or part of a building;
(ii) an out‑building, fixture or structural improvement used for purposes that are related to the use of a building located on the site; or
(b) fixed wall coverings, fixed ceiling coverings and fixed floor coverings (other than carpets) in anything covered by subparagraph (a)(i) or (ii); or
(c) a service (whether underground or not):
(i) that is in, or connected to, anything covered by subparagraph (a)(i) or (ii); and
(ii) that is the property of the insured, or that the insured is liable to repair or replace or to pay the cost of repairing and replacing; or
(d) a fence or gate wholly or partly on the site;
but does not include:
(e) a building that is in the course of construction; or
(f) a temporary building or structure; or
(g) a demountable or moveable structure.
contents of a building, in relation to a contract of insurance, means items of property that:
(a) are located in the building, or elsewhere on a site that is specified in the contract and on which the building is located; and
(b) are owned by the insured.
(7) Nothing in paragraphs (b), (c) and (d) of the definition of building in subregulation (6) is intended to limit the generality of anything in paragraph (a) of that definition.
Definitions for the purposes of paragraph 8B(3)(d) of the Act
(8) For the purposes of paragraph 8B(3)(d) of the Act:
building, in relation to a contract of insurance, means:
(a) any of the following that is located on a site specified in the contract:
(i) a building or part of a building, whether occupied by the insured or another person;
(ii) an out‑building, fixture or structural improvement used for purposes that are related to the use of a building located on the site; or
(iii) a caravan or moveable home that is fixed to the site; or
(b) fixed wall coverings, fixed ceiling coverings and fixed floor coverings (other than carpets) in anything covered by subparagraph (a)(i), (ii) or (iii); or
(c) a service (whether underground or not):
(i) that is in, or connected to, anything covered by subparagraph (a)(i), (ii) or (iii); and
(ii) that is the property of the insured, or that the insured is liable to repair or replace or to pay the cost of repairing and replacing; or
(d) a fence or gate wholly or partly on the site;
but does not include:
(e) a building that is in the course of construction; or
(f) a temporary building or structure; or
(g) a demountable or moveable structure (except one covered by subparagraph (a)(iii) of this definition).
contents of a building, in relation to a contract of insurance, means items of property that:
(a) are located in the building, or elsewhere on a site that is specified in the contract and on which the building is located; and
(b) are owned by the insured.
(9) Nothing in paragraphs (b), (c) and (d) of the definition of building in subregulation (8) is intended to limit the generality of anything in paragraph (a) of that definition.
Non‑residential policies: maximum sum insured
(10) For the purposes of paragraph 8B(3)(d) of the Act, the prescribed amount is $5 million.
Definition for the purposes of subsection 8B(5) of the Act
(11) For the purposes of subsection 8B(5) of the Act:
government entity means any of the following:
(a) the Commonwealth;
(b) a Commonwealth entity as defined by subsection 10(1) of the Public Governance, Performance and Accountability Act 2013, disregarding subsection 10(2) of that Act;
(c) a Corporations Act company, within the meaning of the Public Governance, Performance and Accountability Act 2013, that the Commonwealth controls, within the meaning of that Act;
(d) the Crown in right of a State, the Australian Capital Territory, the Northern Territory or an external Territory to which the Act extends;
(e) a person in the person’s capacity as a Minister of the government of a State, the Australian Capital Territory or the Northern Territory;
(f) a Department of the government of a State, the Australian Capital Territory or the Northern Territory;
(g) a local governing body established by or under a law of a State or Territory.
Section 5B - Terrorism and Cyclone Insurance Regulations 2003 - Definition of pool insurance contract | Zoe