Commonwealth Consolidated Acts Commonwealth Consolidated Acts(a) the owner of a policy; or
(b) a person claiming the benefit of section 211, 212 or 213 in respect of a policy;
claims that the policy document is lost or has been destroyed.
(2) A person referred to in subsection (1) may ask the company liable under the policy to issue to the person a replacement policy document in substitution for the lost document.
(3) The company may issue a replacement policy document to the policy owner if it is satisfied that there is sufficient evidence of the loss or destruction of the original policy document.
(4) The company may only issue a replacement policy document to a person referred to in paragraph (1)(b) if the company is satisfied that section 211, 212 or 213, as the case may be, should be applied in favour of the person in relation to the policy.
(5) If the company does not issue a replacement policy document within 6 months after it receives a request from a policy owner, the policy owner may apply to a court of summary jurisdiction of a State or Territory for an order under subsection (6).
(6) If, on an application under subsection (5), a court is satisfied that an original policy document is lost or has been destroyed, the court may order the company concerned to issue a replacement policy document to the applicant on such terms (if any), and within such period, as the court thinks fit.
(7) A request under subsection (2) must be in writing.
(8) This section is subject to sections 222, 223, 224 and 225.
(9) The courts of summary jurisdiction of the States are invested with federal jurisdiction to hear and determine applications under subsection (5).
(10) Subject to the Constitution, jurisdiction is conferred on
the courts of summary jurisdiction of the Territories to hear and determine
applications under subsection (5).