Part 4Division 1 Apportionment of premiums and other amounts between Australian jurisdictions
(1) This Division applies to a contract of insurance:(a) that insures:(i) property in New South Wales as well as property in another place, or(ii) a risk, contingency or event concerning an act or omission that, in the normal course of events, may occur within, or partly within, New South Wales as well as within, or partly within, another place,or both, or(b) that insures:(i) lives, or(ii) any event or contingency relating to or depending on lives,or both, of persons whose principal places of residence are variously in New South Wales or another place at the time the policy is issued.(2) It is the intention of this Division:(a) to provide the means for apportioning premiums paid and other amounts in relation to a contract of insurance having regard to the principle in sections 230 (1) and 240, and(b) to avoid multiple duty as between Australian jurisdictions, and(c) to give Australian jurisdictions their appropriate share of duty by means of the apportionment.
(1) The Chief Commissioner may, from time to time, adopt a Schedule of Apportionment for the purpose of apportioning premiums, or premiums paid for specific types of insurance, and other amounts in relation to insurance in accordance with this Division.(2) The Schedule of Apportionment may be developed in consultation with any person the Chief Commissioner considers suitable.
(1) A premium or an amount is to be apportioned in accordance with the Schedule of Apportionment adopted for the time being, except as provided by this section.(2) An insurer or an insured person may apply in writing to the Chief Commissioner to apportion a premium or an amount on a basis other than that provided by the Schedule of Apportionment. The Chief Commissioner may apportion the premium or amount on the other basis.(3) In particular, if the Chief Commissioner is not satisfied that a premium paid or another amount in relation to a contract of insurance has been properly apportioned for each risk insured, the Chief Commissioner may determine the apportionment, reassess the liability to duty and charge duty accordingly.
Division 2 Apportionment of premiums and other amounts as between different types of insurance
258 Apportionment between different types of insurance
(1) This section applies to apportionment between different types of insurance that are relevant to determining liability for duty, such as general insurance, life insurance and insurance that is exempt from duty. It does not apply to the apportionment of a premium or another amount between New South Wales and another place. Division 1 deals with that kind of apportionment.(2) This section also applies to apportionment between different types of insurance referred to in section 233.(3) If the Chief Commissioner is not satisfied that a premium paid or another amount in relation to a contract of insurance that effects different types of insurance has been properly apportioned, the Chief Commissioner may determine the apportionment, reassess the liability to duty and charge duty accordingly.