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LIFE INSURANCE ACT 1995 - SECT 251A

Authorising contracts etc. for protecting policy owners' interests and financial system stability

Authorising the making of contracts and arrangements

  (1)   With the Finance Minister's written approval, the Minister may authorise the making of contracts and arrangements by the Commonwealth for the purposes of:

  (a)   protecting the interests of the owners and prospective owners of life insurance policies in a manner consistent with the continued development of a viable, competitive and innovative life insurance industry; or

  (b)   protecting financial system stability in Australia.

Specifying amounts to be credited to special account

  (2)   The authorisation must specify the amount (if any) to be credited to the Financial System Stability Special Account, so that the total described in subsection   (3) does not exceed by more than $10,000,000,000 the total described in subsection   (4).

Note:   This ensures that the balance of the special account directly attributable to authorisations under this section cannot exceed $10,000,000,000 at any time.

  (3)   The total described in this subsection is the total of all the amounts specified under subsection   (2) in authorisations made under this section (taking account of any amendments of those authorisations).

  (4)   The total described in this subsection is the total of all the amounts taken under subsection   80(3) of the Public Governance, Performance and Accountability Act 2013 to be debited from the Financial System Stability Special Account for expenditure for the purpose described in paragraph   70G(c) of the Banking Act 1959 .

Note:   That purpose is making a payment under a contract or arrangement whose making was authorised under this section.

Amending specification of amount to be credited

  (5)   The Minister may amend an authorisation made under this section, but only to change the specification of an amount under subsection   (2), within the limit set out in that subsection.

Authorisation cannot be revoked

  (6)   The Minister cannot revoke an authorisation made under this section.

Authorisation or amendment not disallowable

  (7)   An authorisation or amendment made under this section is a legislative instrument, but section   42 (disallowance) of the Legislation Act 2003 does not apply to the authorisation or amendment.

Note:   Part   4 of Chapter   3 (sunsetting) of the Legislation Act 2003 does not apply to the authorisation or amendment: see regulations made for the purposes of paragraph   54(2)(b) of that Act.

When authorisation or amendment commences

  (8)   The authorisation or amendment commences from the time it is made, despite subsection   12(1) of the Legislation Act 2003 .

  (9)   Subsection   12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the authorisation or amendment.


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