QueenslandSUNCORPINSURANCEANDFINANCEACT1985Reprinted as in force on 2 February
1996(includes amendments up to Act No. 36 of
1995)Reprint No. 1This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 2 February 1996.The
reprint—•showsthelawasamendedbyallamendmentsthatcommencedonorbeforethat day
(Reprints Act 1992 s 5(c))•incorporatesallnecessaryconsequentialamendments,whetherofpunctuation,numbering or
another kind (Reprints Act 1992 s 5(d)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.MinoreditorialchangesallowedundertheprovisionsoftheReprintsAct1992mentioned in the following list have
also been made to—•update citations and references (pt 4,
div 2)•update references (pt 4, div 3)•expressgenderspecificprovisionsinawayconsistentwithcurrentdraftingpractice (s 24)•use
gender neutral office names (s 25)•correctspellingandusedifferentspellingconsistentwithcurrentdraftingpractice (s 26(2))•use
standard punctuation consistent with current drafting practice (s
27)•useconjunctivesanddisjunctivesconsistentwithcurrentdraftingpractice(s 28)•use expressions consistent with
current drafting practice (s 29)•reorder definitions consistent with current
drafting practice (s 30)•use appropriate
names for instruments and provision units (s 32)•relocate marginal or cite notes (s
34)•use aspects of format and printing
style consistent with current drafting practice(s 35)•omit provisions that are no longer
required (ss 37, 39)•omit the enacting words (s 42A)•number and renumber certain provisions
and references (s 43)•correct minor
errors (s 44).Also see endnotes for information
about—•when provisions commenced•editorial changes made in the reprint,
including—•table of changed names and
titles•table of obsolete and redundant
provisions•table of corrected minor errors•table of renumbered
provisions.
s65s7Suncorp Insurance and Finance Act 1985SUNCORP INSURANCE AND FINANCE ACT1985[as amended by all amendments that
commenced on or before 2 February 1996]AnActtoprovidefortheconstitutionofSuncorpInsuranceandFinance;toauthorisethatcorporationtocarryonthegeneralbusinessofinsuranceandinvestmentandotheractivities;totransfer to and provide for the carrying on
by that corporation ofall business of insurance and other
business being carried on bytheStateGovernmentInsuranceOffice(Queensland)andforrelated purposes†PART
1—PRELIMINARY˙Short title1.ThisActmaybecitedastheSuncorpInsuranceandFinanceAct1985.˙Interpretation5.In
this Act—“board”meansSuncorpInsuranceandFinanceBoardestablishedandconstituted under this Act.“chairperson”means the
chairperson of the board.“chiefexecutiveofficer”meansthechiefexecutiveofficerofthecorporation appointed under this
Act.“corporation”meansthecorporationconstitutedbythisActunderthenameandstyleSuncorpInsuranceandFinanceestablishedandconstituted under this Act.
s86s8Suncorp Insurance and Finance Act 1985“insurance”includes
assurance, additional insurance, counter insurance,treatyinsurance,internationalinsurance,reinsurance,guaranteeandsuretyandotherbusinessoractivitythatisatthematerialtimegenerally regarded by the insurance industry
as comprising insurance.“investment”includes
reinvestment.˙Appointed day6.ThedatethatisreferredtointhisActasthe“appointedday”is1
January 1986.†PART 2—SUNCORP INSURANCE AND
FINANCE†Division 1—Constitution and powers of
corporation˙Constitution of corporation7.(1)The State
Government Insurance Office (Queensland) constitutedundertheStateGovernmentInsuranceOffice(Queensland)Act1960isherebypreserved,continuedinexistenceandconstitutedunderthisActunder
the name and style ‘Suncorp Insurance and Finance’.(2)Suncorp Insurance and Finance, by that
name and style—(a)shall be a body corporate;(b)shall have a common seal;(c)shall be capable in law of suing and
being sued and of acquiring,holding and
disposing of land and other property, of granting andtakingleasesoflandandotherproperty,inanycasewhethersituated in or
outside Queensland, and of doing and suffering allsuch
other acts and things as bodies corporate may in law do andsuffer.(3)All
courts, judges, justices and persons acting judicially shall
takejudicial notice of the common seal of the
corporation affixed to a documentor writing and,
until the contrary is proved, shall presume that the seal
was
s87s8Suncorp Insurance and Finance Act 1985duly
affixed.˙Powers and authorities of
corporation8.(1)The corporation,
in Queensland or elsewhere—(a)may
undertake and carry on the general business of insurance,including a class or form of insurance that
is being undertaken orcarriedon,whetherinQueenslandorelsewhere,byaperson,association or
body (corporate or unincorporate) engaged in thebusiness of insurance, or that the board
considers necessary ordesirable;(b)mayexerciseapowerorauthorityconferredonitbyparagraph (a) in accordance with the
practice, usage, form andprocedure that is, for the time being,
followed by other personsengagedinthelikebusinessorinsuchmannerandformandaccordingtosuchprocedureastheboardinaparticularcaseconsiders necessary or desirable;(c)mayundertakeandcarryonbusinessasinvestor,financier,concessionaire,underwriter,ordealerinmoney,currenciesorsecurities for money and the like;(d)may purchase, accept, sell, discount,
lend on or otherwise deal instocksandshares,bonds,debentures,mortgages,billsofexchange,promissorynotes,lettersofcredit,policiesofinsurance, title documents of goods,
wares and merchandise, billsofsaleorlading,deliveryorders,certificates,notes,dockwarrants,othermercantileindiciaortokensornegotiableortransferable securities, documents or
instruments of all kinds;(e)mayundertakeandcarryonthebusinessofpurchasing,accepting,selling,hiring,leasing,investingin,lendingon,discountingorotherwisedealinginmoneyorsecuritiesformoney and property both real and
personal;(f)mayactasanissuinghouseandpromote,effect,insure,guarantee,
underwrite, participate in, manage or carry out an issuepublic or private of any state, municipal or
other loan or of shares,stock,debenturesordebenturestockorothersecuritiesofanycompany,corporation,orassociationorbody(corporateor
s
98s 10Suncorp Insurance
and Finance Act 1985unincorporate) and underwrite,
procure, make available or lendmoney for the
purposes of an issue;(g)may prosecute
and execute directly or by contributions or otherassistanceanyworks,undertakings,jointventures,projects,enterprises or like activities in which, for
the prosecution or on thesecurity whereof or of profits or
emoluments derivable therefrom,the board has
invested money, embarked capital or engaged thecredit of the
corporation;(h)may accept on deposit, account current
or otherwise moneys, withor without the allowance of interest,
title deeds or other securities;(i)mayundertake,carryonandtransactguaranteebusinessandindemnity business generally or
guarantee and become liable forthepaymentofmoneyandtheperformanceofdutiesorobligations;(j)may
undertake and carry on any business undertaking, transactionor
operation commonly undertaken or carried on by providers ofcapital, underwriters, promoters,
financiers, merchants, suppliersof goods and
chattels on hire purchase or otherwise, brokers andmonetary, business, commission, insurance
advertising or othermercantile or general agents and
transact and do all or any acts,mattersorthingsincidentalorancillarytoanybusinessundertaking,
transaction or operation specified in this paragraph;(k)mayparticipateintheformation,management,supervisionorcontrolofthebusinessoroperationsofanybodycorporateorassociationorbody(corporateorunincorporate)orotherundertaking;(l)mayundertakeandcarryonanyotherbusinessthatthecorporation considers capable of being
conveniently carried on inconnectionwithitsotheractivitiesorcalculateddirectlyorindirectly to enhance the value of or
render profitable any of thecorporation’s
property or activities;(m)may enter into
partnership or any arrangement for sharing profits,unionofinterests,cooperation,jointventure,reciprocalconcession or
like activity with any person, association or body(corporate or unincorporate) carrying on or
engaged in or about tocarryonorengageinanybusinessortransactionthatthe
s
119s 11Suncorp Insurance
and Finance Act 1985corporation is authorised to carry on
or engage in or any businessortransactioncapableofbeingconductedorengagedinsoasdirectly or
indirectly to benefit the corporation;(n)mayactinanymannerinwhichorexerciseanypowerorauthoritythatacompanyincorporatedundertheCompanies(Queensland)
Code or that Code as amended may act or exercise;(o)may take such steps and do such acts
and things as are necessaryor desirable for
the purpose of achieving the objects and purposesof
this Act or incidental or ancillary to that purpose.(2)Thepowersandauthoritiesconferredonthecorporationbythissectionareinadditiontoandnotinderogationofanyotherpowerorauthority so conferred by this Act or
any other Act.(3)Inissuingorenteringintopoliciesorcontractsofinsuranceorindemnity under the authority of the Act the
corporation—(a)shallhaveregardtothepublicinterestinobtainingindemnityinsurance cover at reasonable cost;
and(b)as an agency of the Government of
Queensland, shall endeavourto meet that
interest consistently with the prudent conduct of itsinsurance business.˙Branches and agencies9.(1)The
corporation may establish and maintain branches or agencies
atany place in or outside Queensland and may
discontinue a branch or agencymaintained at any
place by it.(2)Thecorporationmayemployasitsagentspersonswhoareinoroutside Queensland.˙Mode
of making contracts10.(1)Contracts on
behalf of the corporation may be made, varied ordischarged as follows—(a)a
contract that, if made by or between private persons would
bylaw be required to be in writing under seal
may be made, variedor discharged, in the name and on behalf of
the corporation, in
s
1110s 11Suncorp Insurance
and Finance Act 1985writing under the common seal of the
corporation;(b)a contract that, if made by or between
private persons would bylawberequiredtobeinwritingsignedbythepartiestobechargedtherewithmaybemade,variedordischarged,inthenameandonbehalfofthecorporation,inwritingsignedbyapersonactingundertheexpressorimpliedauthorityofthecorporation;(c)a
contract that, if made by or between private persons would
bevalid although made by parol only and not
reduced into writing,may be made, varied and discharged by
parol, in the name and onbehalf of the corporation, by a person
acting under the express orimplied
authority of the corporation.(2)Subsection (1) shall not be construed to
invalidate a contract madeand executed on behalf of the
corporation by a duly appointed attorney ifthat contract
would be valid if executed by the attorney on the attorney’sown
behalf.˙Relationship to Crown11.(1)EverypolicyorcontractofinsuranceorindemnityissuedorenteredintowithintheauthorityofthisActisguaranteedbytheGovernment of Queensland and any
liability arising under such guaranteeshallbepayableoutoftheconsolidatedfund,whichisherebytothenecessary extent appropriated
accordingly.(2)IntheexerciseofitspowersandauthoritiesunderthisActthecorporation—(a)represents the Crown in right of Queensland;
and(b)has all the immunities, rights and
privileges of the Crown in rightof Queensland
except where the Governor in Council, by order incouncil, declares to the contrary.(3)Notwithstandingtheforegoingprovisionsofthissectionthecorporation shall be deemed to be a
statutory body within the meaning oftheFinancial Administration and Audit Act
1977.
s
1211s 14Suncorp Insurance
and Finance Act 1985˙Common
seal—authentication of documents12.(1)The
common seal of the corporation shall be in the custody of amember of the board or other person appointed
by the board.(2)The common seal shall be used only by
the authority of the board orofanattorneyorattorneysappointedbytheboardandempoweredtoauthorise the use of the common seal.(3)Every document to which the common
seal is affixed shall be signedbyamemberoftheboard,orbythechiefexecutiveofficer,orbyanattorney duly appointed by the board, or by
an officer of the corporationappointed by the
board for the purpose of signing documents to which thecommon seal is affixed.(4)The
fact that a document or writing has affixed thereto the
commonseal of the corporation and has been attested
is evidence and, in the absenceofevidencetothecontrary,conclusiveevidencethatthedocumentorwriting is one to which the common seal has
been duly affixed.(5)SavewhereitisbythisActotherwiseprescribed,adocumentorwriting made or issued by the corporation for
the purposes of this Act shallbe sufficiently
authenticated if it is made or, as the case may be, signed
bythe chairperson, chief executive officer, an
attorney duly appointed by theboard, or other
person authorised by the board in that behalf.†Division 2—Officers˙Appointment of chief executive officer13.(1)The Governor in
Council shall appoint a person to be the chiefexecutive officer
of the corporation.(2)The chief executive officer shall be
paid such salary and allowancesandshallbeemployedonsuchtermsandconditionsastheboarddetermines from
time to time.˙Functions of chief executive
officer14.Subject to this Act, to the control
and direction of the board and to thepolicy(ifany)fromtimetotimedeterminedbytheboard,thechief
s
1512s 15Suncorp Insurance
and Finance Act 1985executive officer shall administer,
conduct the business of and manage andcontrol the
corporation.˙Other officers of corporation15.(1)The corporation
may appoint and employ on salary or wages orengage and employ
pursuant to contracts such persons as are necessary forthe
effectual administration of this Act and to facilitate the exercise
of itspowers and authorities and the discharge of
its functions and duties.(2)Subject to any
applicable award or industrial agreement within themeaning of theIndustrial
Relations Act 1990, or to the terms and conditionsofacontractpersonsemployedbythecorporationshallbepaidsalary,wagesandallowancesatsuchratesandshallbeemployedundersuchconditions of
employment (including conditions as to leave entitlements)
asthe corporation determines.(3)SubjecttothisAct,allofficersofthepublicserviceemployedimmediately
before the appointed day in the State Government InsuranceOffice (Queensland) shall continue to be
officers of the public service andshall be deemed
to be officers of the Treasury Department appointed orseconded to perform the duties of officers or
employees of the corporationin accordance
with thePublicServiceManagementandEmploymentAct1988.(3A)Each
of those officers shall be paid initially salary at a rate not
lessthanthatappropriatetothesalaryclassificationonwhichtheofficerisemployed within the public service
immediately before the appointed dayandtheofficershallbeemployedinallotherrespectssubjecttosuchconditionsofemploymentasareapplicableinrespectofofficersofthepublic service performing similar
duties until, in respect of each of thoseofficers,suchsalaryisorconditionsaredeterminedbythecorporationpursuant to this
section or by an applicable industrial award for an officer
oremployee of the corporation performing
similar duties.(3B)Salaries, wages,
allowances and emoluments payable in respect ofthose officers
shall be paid out of the funds of the corporation.(3C)For so long as
an officer referred to in this subsection continues tobe an
officer of the public service appointed or seconded to perform
theduties of an officer or employee of the
corporation, the officer—
s
1513s 15Suncorp Insurance
and Finance Act 1985(a)shall,forthepurposesofaprovisionofthePublicServiceManagement and
Employment Act 1988that confers or regulatesa
right of appeal against promotion, be deemed to continue to
beanofficeroftheTreasuryDepartmentfortheperiodoftheofficer’s service with the corporation
upon the classification thatthe officer held
immediately before the appointed day;(b)shall, notwithstanding paragraph (a), be
subject to the control anddirection of the chief executive
officer as if the officer were anofficer or
employee employed by the corporation.(5)An
officer or employee of the corporation aggrieved by a decision
ofthe board resulting in disciplinary action
against the officer or employee,other than
dismissal or suspension from duty, or a denial to the officer
oremployeeofpromotionmaybysignedwritingfurnishtotheboardasubmission disputing the decision and
requesting that there be carried out areview of the
process by which the decision was made.(6)A
submission under this paragraph shall not raise or be directed
toraisingacomparisonofthesubmitterorthesubmitter’sseniorityorefficiency with another officer or
employee of the corporation or the otherofficer or
employee’s seniority or efficiency.(7)Upon
receipt of a submission in accordance with paragraph (a) theboard
shall by writing request the chief executive officer to select a
personwhowasnot,orapanelconsistingofatleast2personswhowerenot,involved in the making of the decision out of
which the submission arose.(8)A person or
panel may be or, as the case may be, may consist ofofficers or employees of the
corporation.(9)The person or, as the case may be,
panel of persons so selected shallreview the
decision in question in such manner as he, she or it thinks fit
andthereupon shall furnish to the board his, her
or its recommendations.(10)The board may
take upon the recommendations such action as itthinks
fit.(11)The practice and
procedure upon a review in accordance with thisparagraph shall
be as prescribed or so far as not prescribed as the person
orpanel determines from time to
time.
s
1614s 19Suncorp Insurance
and Finance Act 1985˙Rights of officers
previously employed in the public service16.Subject to this section, a person who
pursuant to section 15(3) wasdeemed to be
appointed or seconded to perform the duties of an officer oremployeeofthecorporationbuthasbecomeanofficeroremployeeemployed by the
corporation shall nevertheless for as long as the personcontinues in the employment of the
corporation in a permanent capacityretainandmayclaimagainstthecorporationinrespectofallleaveentitlementsthathaveaccruedtothepersonasanofficerofthepublicservice and for the purpose of the accrual of
long service leave the person’sservice with the
corporation and as an officer of the public service shall bedeemedtobecontinuousserviceasanofficeroremployeeofthecorporation.˙Contributions by corporation18.(1)Inrespectofapersonwhoisanofficerofthepublicservicedeemed to be
appointed or seconded to perform the duties of an officer oremployeeofthecorporation,inaccordancewiththePublicServiceManagementandEmploymentAct1988,and who is a
contributor to theState Service Superannuation Fund the
corporation shall, until that person istransferred to
another position in the public service, pay to the State
ServiceSuperannuation Additional Benefits Fund such
sums as are payable by theTreasurer by way of contribution to the
lastmentioned fund in respect of thatperson.(2)MoneyspayablebythecorporationtotheStateServiceSuperannuationAdditionalBenefitsFundandremainingunpaidmayberecovered by
action in a court of competent jurisdiction by the Treasurer as
adebt due and owing to the Treasurer.˙Superannuation scheme19.The corporation may—(a)establish or amend superannuation
schemes; or(b)join in establishing or amending
superannuation schemes; or(c)take part in
superannuation schemes.
s
2015s 22Suncorp Insurance
and Finance Act 1985†PART 3—SUNCORP
INSURANCE AND FINANCEBOARD†Division 1—Constitution and
membership˙Suncorp Insurance and Finance
Board20.(1)ThereshallbeconstitutedandthereaftermaintainedaSuncorpInsurance and
Finance Board.(2)Management of the affairs of the
corporation shall be with the board.˙Continuance and authority of SGIO
(Queensland) Board21.UntiltheSuncorpInsuranceandFinanceBoardisfirstdulyconstituted as prescribed by section
22—(a)themembersoftheStateGovernmentInsuranceOffice(Queensland)
Board shall continue to hold their respective officesthereon and that board shall continue in
being, with all the powersand authorities conferred and the
functions and duties imposed onthe Suncorp
Insurance and Finance Board by or under this Act;and(b)notwithstanding
the provisions of section 20(2), management ofthe affairs of
the corporation shall be with the State GovernmentInsurance Office (Queensland) Board may use
and authorise theuseofthecommonsealofthecorporationasifitweretheSuncorp Insurance and Finance
Board.˙First constitution of board22.The Suncorp Insurance and Finance
Board shall be first constitutedupon the
publication in the gazette of notification of the first appointment
ofdirectors of the board, or where in the
notification there is specified a laterdate on which the
first appointment is to take effect, upon that later
date.
s
2316s 25Suncorp Insurance
and Finance Act 1985˙Membership of
board23.(1)The board shall
consist of 8 directors being—(a)an
officer of the public service nominated by the Premier of
theState;(b)7
other directors.(2)A director—(a)shall be appointed to the board by the
Governor in Council bynotification published in the
gazette;(b)except for the person nominated under
subsection (1)(a) shall be aperson other
than an officer of the public service;(c)shall be appointed for a term not exceeding
5 years and be eligiblefor reappointment, subject to the
director remaining qualified asprescribed;(d)maybeappointedforatermofofficedifferentfromthatforwhich another director is
appointed;(e)shallholdofficesubjecttothedirectorremainingqualifiedasprescribed;(f)shall hold office at the pleasure of the
Governor in Council.(3)TheGovernorinCouncilshallappointfromthe7otherdirectorsappointed under
this section a chairperson and a deputy chairperson.˙Payments to directors24.The corporation shall pay to each
director such remuneration as theGovernor in
Council determines and reimburse the director for all travel
andother expenses incurred by the director in
the course of carrying out thedirector’s duties
as a director.˙Vacation of office25.(1)Adirectormayresignofficeasdirectoratanytimebysignedwriting given to
the Minister.(2)Where a director—
s
2617s 26Suncorp Insurance
and Finance Act 1985(a)becomes
permanently incapable, in the opinion of the Governor inCouncil, of performing the director’s
duties; or(b)is an undischarged bankrupt or is
taking advantage of the lawsrelating to
bankruptcy; or(c)hasbeenconvictedinQueenslandofanindictableoffence(whether on indictment or by summary
proceeding) or elsewherethaninQueenslandinrespectofanactoromissionthatifitoccurredinQueenslandwouldhaveconstitutedanindictableoffence;
or(d)is absent, save on leave granted by
the board, from all meetings oftheboardheldduring3consecutivemonthsorduringany4
months in a period of 12 months; or(e)ceases to hold office as a director by
becoming disqualified undersection 28;
or(f)is guilty of misconduct such as to
warrant, in the opinion of theGovernor in
Council, removal from office; or(g)becomes unsuitable, in the opinion of the
Governor in Council, tohold office as a director;the
Governor in Council shall terminate the director’s appointment by
noticein writing signed by the Minister.˙Casual vacancy in office of
director26.(1)A director shall
be taken to have vacated office—(a)if
the director dies;(b)intheeventofthedirector’sresignation,uponreceiptbytheMinister of the director’s notice of
resignation;(c)in the event of termination of the
director’s appointment by theGovernor in
Council, upon issue by the Minister of notice of thedirector’s removal.(2)Whereavacancyoccursintheofficeofadirectorduringthedirector’s term of office as a director, the
Governor in Council may appointas prescribed
another qualified person to fill the vacant office.(3)A person appointed to fill a casual
vacancy in the office of a director
s
2718s 29Suncorp Insurance
and Finance Act 1985shallbeappointedforthebalanceofthetermofofficeoftheperson’spredecessor’s
term of office and shall hold office accordingly or until
thepersonsoonervacatestheofficeand,subjecttothepersonremainingqualified for appointment as prescribed,
shall be eligible for reappointment.˙Declaration by directors27.Adirectorshall,beforeenteringuponthedirector’sdutiesorexercising or discharging any power,
authority, function or duty, make adeclaration of
secrecy in the form determined by the board.˙Disqualification from directorship28.Subject to this Act, a person who is a
director, officer or an employeeof any
corporation or association or body (corporate or unincorporate)
thebusiness of which is wholly or mainly that of
insurance and competitivewith the corporation is not qualified
for appointment as a director and adirector who
becomes so disqualified for appointment shall thereupon
ceaseto hold office as a director of the
board.†Division 2—Functions˙Functions of board29.(1)Subject to this Act, the board shall be
responsible for the exerciseand discharge by
the corporation of the powers and authorities conferredand
the functions and duties imposed on it by or under this Act.(2)Without limiting the generality of
subsection (1) the board—(a)shallmakegeneraldeterminationsastothepolicyofthecorporation and
its operations;(b)maydeterminepolicyinrelationtotheadministration,management and
control of the corporation;(c)may
give such directions to and exercise such control over thechief executive officer and other officers
of the corporation as itthinks fit;(d)shall have and may exercise such other
powers and authorities
s
3019s 32Suncorp Insurance
and Finance Act 1985and discharge such other functions and
duties as are prescribed bythis Act or any
other Act or enactment.(3)The board shall
consult with the Minister on matters of policy of oraffecting the corporation and shall keep the
Minister informed of policydeterminations to
be made by the board.(4)Should any
difference arise between the Minister and the board—(a)the Minister and the board shall, by
consultation, endeavour toresolve the difference by agreement;
and(b)whereagreementcannotbeattainedthematteronwhichthedifference exists shall be submitted to the
Governor in Council forthe Governor in Council’s
determination, which shall be final andbinding on the
Minister and the board.˙Validity of
acts30.Any act, proceeding, decision or
determination of the board is notinvalidorunlawfulbyreasononlyofanydefectinthequalification,directorship or
appointment or a director thereof or a vacancy in the office
ofa director at the time of that act,
proceeding, decision or determination.˙Authentication of documents31.SavewhereitisbythisActotherwiseprescribedadocumentorwriting made or issued by the board for the
purposes of this Act shall besufficiently
authenticated if it is made or, as the case may be, signed by
thechairperson or the secretary to the board at
the chairperson’s direction.†Division 3—Powers and functions of
chairperson˙Powers etc. of chairperson32.The chairperson shall exercise such of
the powers and authorities anddischarge such of
the functions and duties as are conferred or imposed ontheboardbyorunderthisActastheboardthinksfittoauthorisethechairperson to exercise or
discharge.
s
3320s 35Suncorp Insurance
and Finance Act 1985(2)Authorityconferredbytheboardonthechairpersonmaybewithdrawn or varied as the board thinks
fit from time to time.˙Chairperson’s
absence33.If at any time the chairperson is
absent or unable to act in the office ofchairperson the
deputy chairperson shall act as chairperson and while soactingmayexercisethepowersandauthoritiesandshalldischargethefunctions and duties of
chairperson.†Division 4—Proceedings and
business˙Procedure at meetings of board34.(1)Subject to this
Act, the board shall meet at such times and placesas
the board determines and conduct its business in such manner as it
thinksfit.(2)The chairperson
shall preside at all meetings of the board at which thechairperson is present and, in the absence of
the chairperson, the deputychairperson, if
present, shall preside.(2A)If both the
chairperson and deputy chairperson are absent from ameeting, a director, other than a person
referred to at section 23(1)(a) or (b),elected by
directors present at that meeting from amongst those present
(ifthey constitute a quorum) shall
preside.(2B)A director
elected to preside at a meeting, while so presiding, shallhave
and may exercise the powers and authorities and shall discharge
thefunctions and duties of the
chairperson.(3)Fourdirectors,ofwhomthechairperson,deputychairpersonordirectorelectedundersubsection(2A)shallbeone,shallconstituteaquorumoftheboardandbusinessshallnotbeconductedatameetingthereof unless a quorum is present.˙Conduct of affairs35.(1)Theboardshallexerciseapowerorauthorityordischargeafunction or duty by the majority vote of its
directors present at a meeting
s
3921s 41Suncorp Insurance
and Finance Act 1985and voting on the business in
question.(2)In the event of an equality of votes
on a question, it shall be deemedthat the question
is decided in the negative.˙Minutes36.Theboardshallcausetobekeptminutesoftheproceedingsatmeetings of the board and a record of all
decisions of the board whethermade at a duly
constituted meeting thereof or by reference in writing andthatrecordshallbepresentedtoasubsequentmeetingoftheboardforconfirmation as to its correctness and
shall be signed by the chairperson andthereupon shall
form part of the minutes of that meeting.˙Declaration of interest by director37.A director shall declare to the board
the interest held by the director inanybodycorporateotherthanthecorporationinaccordancewiththeCorporations Law, section 236.†PART 4—FINANCIAL PROVISIONS˙Funds and accounts38.(1)Thecorporationshallkeepseparateanddistinctthefollowingfunds—(a)in respect of life assurance business,
life assurance funds;(b)in respect of
superannuation business, superannuation funds;(c)in
respect of general insurance business, general insurance
funds;(d)such other funds as the board
determines.(2)Notwithstanding subsection (1) the
board may vary or discontinue afund of the
corporation referred to in subsection (1)(d).(2A)Moneys standing at credit in a fund
discontinued by the board underthis subsection
shall be credited to such other fund of the corporation as
the
s
3922s 41Suncorp Insurance
and Finance Act 1985board determines.(2B)The
board may substitute another fund for a fund so discontinued
orestablish and maintain such additional funds
as it considers necessary.(3)There shall be
paid into the proper fund premiums and other moneysreceived by the corporation in the conduct of
its business.(4)There shall be paid out of the proper
fund payments in respect ofcontractsofinsurancemadeorotherobligationsassumedbythecorporation.(5)Payments in respect of salaries, allowances,
remuneration and otheroutgoingsexpendedorincurredinthegeneralmanagementofthecorporation shall be apportioned
between and paid out of the several fundsrequired by this
Act to be kept in such proportions as the chief executiveofficer, with the approval of the board, from
time to time determines.(6)The board shall
cause to be accurately kept proper books of accountand
records of the receipts and expenditure of the corporation with
respect toinsurance business and its other
activities.˙Investment of funds39.The
assets of the funds of the corporation required by this Act to
bekept may be invested by the board.˙Annual balance sheet and statements of
account40.(1)As soon as
practicable after the completion of each financial yearofthecorporation,theboardshallprepareandfurnishtotheMinisterabalance sheet and statements of account and
therein shall set forth a truestatement of the
financial position of each fund required by this Act to bekept
and of the transactions of the corporation throughout that year,
certifiedby the Auditor-General.˙Audit
of accounts41.(1)The accounts of
the corporation shall be audited by the Auditor-General or by an authorised auditor directed
by the Auditor-General each ofwhom shall have
with respect to the audit and accounts all the powers
and
s
4223s 42Suncorp Insurance
and Finance Act 1985authoritiesconferredontheAuditor-GeneralbytheFinancialAdministration
and Audit Act 1977.(1A)The fee payable
by the corporation in respect of the audit shall befixed
by the Auditor-General.(2)The
Auditor-General shall certify whether the statements of
accountand balance sheet prepared on behalf of the
corporation—(a)are, where applicable, prepared in the
form required by law; and(b)are in agreement
with the accounts; and(c)intheauditor-general’sopinionfairlysetoutthefinancialtransactions for the period to which they
relate and show a trueand fair view of the state of affairs
at the close of that period.(3)The
Auditor-General shall, at least once in each year, report to
theMinister and the board the results of each
audit carried out under this sectionandshall,iftheAuditor-Generalthinksfit,includewiththereportrecommendations
to the Minister or to the board with respect to the
financialstatements and the manner of operating and
maintaining the accounts inquestion.(3A)TheMinisteror,asthecasemaybe,theboardshallgivedueconsideration to the report and
recommendations (if any) of the Auditor-General made
pursuant to subsection (3).(4)TheAuditor-Generalshallincludeintheauditor-general’sannualreport to Parliament such matters with
respect to the financial transactions ofthe corporation
as the Auditor-General thinks fit.(5)Notwithstanding this subsection, the
Auditor-General, where in theauditor-general’s
opinion the circumstances so warrant, may make at anytime
to Parliament an additional or special report.˙Borrowing powers42.(1)The
corporation, subject to and in accordance with this Act, mayborrow or raise or secure the payment of
moneys for the purposes of or inconnectionwiththeexercisebyitofitspowersandauthoritiesandthedischarge by it of its functions and
duties.(2)Forthepurposesspecifiedinsubsection(1)thecorporationis
s
4424s 45Suncorp Insurance
and Finance Act 1985empoweredtoenterintofinancialarrangementswiththeTreasurerofQueensland or any other person.(3)TheStatutoryBodiesFinancialArrangementsAct1982doesnotapply to the corporation.†PART 5—MISCELLANEOUS PROVISIONS˙Power of delegation43.(1)Subject to this Act, the corporation or the
board—(a)in the case of the corporation—by
writing under its seal;(b)in the case of
the board—by writing signed by the chairperson;may delegate
either generally or otherwise as provided by the instrument
ofdelegation—(c)in
the case of the corporation—to any of its officers or
employees;(d)in the case of the board—to any of its
directors;all or any of its powers, authorities,
functions and duties save this power ofdelegation.(1A)The
corporation or board may make such and so many delegationsofthesamepower,authority,functionordutyandtosuchnumberofpersons as it considers necessary or
desirable.(2)Adelegationineithercasemaybemadesubjecttosuchterms,conditions or limitations as the board thinks
fit including a requirement thatthe delegate
shall report to it on the exercise or discharge of the
delegatedpower, authority, function or duty.(3)Apower,authority,functionordutysodelegated,ifexercisedordischarged by the delegate, shall be so
exercised or discharged in accordancewith the
instrument of delegation.(4)A delegation
does not prevent or prejudice—(a)the
exercise of a delegated power or authority or the discharge of
adelegated function or duty by the
corporation or board; or
s
4625s 48Suncorp Insurance
and Finance Act 1985(b)the exercise by
the board of supervision of the carrying out by thedelegate of the terms, conditions or
limitations of the delegation tothe extent of
countermanding the delegate’s exercise of a power orauthorityorthedischargeofafunctionordutyunderthedelegation.(5)A
delegation is revocable at the will of the board.˙Application of Life Assurance Companies
Acts44.TheLife Assurance
Companies Act 1901, sections 18 to 26 and 38 to44,sofarasthosesectionsareapplicableshallapplyandextendwithrespect to life insurance business within the
meaning of that Act undertakenorcarriedonbythecorporationandtocontractswithrespecttothatinsurance
business entered into or deemed by this Act to be entered
intowiththecorporationasifthecorporationwereacompanywithinthemeaning of that Act.˙Taxation45.(1)TheStamp Act 1894applies to and
with respect to the corporationin relation to
all business conducted by it.(2)TheFireServiceAct1990appliestoandwithrespecttothecorporationandthecorporationisdeclaredtobeaninsurancecompanyunder and within
the meaning of that Act.(3)An Act of the
State that imposes taxation shall, to the extent that thatAct
applies to and with respect to business of the description of the
businesscarried on by the corporation or a class
thereof, apply to the corporation.(4)The
corporation shall pay to the Treasurer on account of each
financialyear’s results a sum of money determined by
the Treasurer.(5)In determining that sum the Treasurer
shall have regard to the amountthat the
corporation would have paid if it had been liable for the payment
oftax under any Act of the Commonwealth.˙Indemnity46.The
corporation shall indemnify and hold harmless every director
and
s
4826s 48Suncorp Insurance
and Finance Act 1985everyofficer,employeeoragentofthecorporationagainstallactions,proceedings,
suits, claims or demands arising out of any act, matter or
thingdone by him or her for the purpose of
carrying out or giving effect to thisAct or done
without negligence and in good faith by him or her
purportingto act for the purposes of this Act.˙Regulations47.TheGovernorinCouncilmaymakeregulations,notinconsistentwith this Act
providing with respect to—(a)allmattersthatarerequiredorpermittedbythisActtobeprescribed;(b)all
matters that in the Governor in Council’s opinion are
necessaryorconvenientfortheproperadministrationofthisActortheproper exercise
or discharge by the corporation or the board of itspowers, authorities, functions and
duties;(c)all matters that in the Governor in
Council’s opinion are necessaryor convenient to
be prescribed to achieve the objects and purposesof
this Act.†PART 6—REGULATION OF
CORPORATION’SINSURANCE BUSINESS˙Adoption of provisions of Insurance Contracts
Act 1984 (Cwlth)48.(1)TheprovisionsoftheInsuranceContractsAct1984(Cwlth),other
than the provisions specified in subsection (2), are hereby
adopted,with such variations as are prescribed by
subsection (3), and shall apply—(a)to
the corporation in the conduct of its insurance business;
and(b)in relation to the corporation’s
insurance business;as an Act of the Parliament.(2)Subsection (1) does not apply in
relation to the following provisionsof theInsurance Contracts Act 1984(Cwlth)—
s
4827s 48Suncorp Insurance
and Finance Act 1985(a)the long
title;(b)the enacting words;(c)sections 1, 2, 3, 5, 6, 7 and
78.(3)The provisions adopted and applied by
subsection (1) specified in thefollowingtable,column1,aresoadoptedandappliedsubjecttothevariationsspecifiedinthetable,column2,inrespectoftheprovisionsrespectively—TableProvisionVariations
4Omit from subsections (1) and (2) the words
‘commencementof this Act’ and substitute in each case
‘commencement of theSuncorp Insurance and Finance Act
1985, part 6’.s 8Omitfromsubsection(1)allwordsfromandincluding‘aState’ to the end of the subsection and
substitute ‘Queenslandincludingcontractsandproposedcontractsenteredintoorproposedtobeenteredintobythecorporationandanotherinsurer as joint
insurers.’.Omit subsection (2).
s
4828s 48Suncorp Insurance
and Finance Act 1985Table (continued)s 9Omit
from subsection (1) paragraphs (b), (c), (d) and (e) andthe
conjunction ‘or’ between (d) and (e) and substitute—‘(b)of insurance
entered into or proposed to be enteredinto by a
friendly society; or(c)ofStatemarineinsurance,beingcontractsorproposed contracts which, were they not
contracts orproposed contracts of State marine
insurance, wouldbe contracts of marine insurance for the
purposes ofthe Marine Insurance Act of the
Commonwealth; or(d)entered into or proposed to be entered
into for thepurposesofalawthatrelatestocompensationfordeath of or personal injury to a person
arising out ofthe use of a motor vehicle.’.Omit
subsection (2).s 11In the definition “insurance broker”
after the words ‘carries on’insert ‘a
business that includes’.Omitthedefinition““insured”and“insurer””andsubstitute—‘ “insured”
includes a proposed insured.“insurer”meanseachofthem,thecorporationandanotherinsurer as a
joint insurer with the corporation and includes aproposed insurer.’.Omit subsection
(5)(a) and substitute—‘(a)that is entered
into by the corporation;’s 15Insubsection(1),omitallwordsfromandincluding‘—(a)anyotherAct;’totheendofthesubsectionandsubstitute‘under any other
Act that provides for relief—(a)inrespectofharsh,oppressive,unconscionable,unjust, unfair
or inequitable contracts; or(b)fromtheconsequencesinlawofmakingamisrepresentation.’.
s
4929s 49Suncorp Insurance
and Finance Act 1985Table (continued)In subsection
(2), omit the expression ‘(d)’ and substitute ‘(a)’.s
40Omit from subsection (2) the words ‘Penalty:
$5,000.’.s 45Omitfromsubsection(1)thewords‘,includingalawofaState or Territory,’.s 48Omit
subsection (5).s 51Omit from subsection (3) the words
‘Commonwealth or undera law of a State or Territory’ and
substitute ‘State’.s 61In subsection (1) insert, after the
words ‘an insurer’ the words‘other than the
corporation’.Omitfromsubsection(1)thewords‘theinsurer’andsubstitute ‘that insurer’.Omitfromsubsection(2)thewords‘(includingalawofaState or Territory)’.s 65Omit
from subsection (5) the words ‘Penalty: $5,000.’.s
73Omitfromsubsection(1)allwordsfromandincluding‘Penalty’ to the
end of the subsection.s 74Omit from
subsection (1) the words ‘Penalty: $5,000.’.s 75Omitfromsubsections(1)and(5)thewords‘Penalty:$5,000.’.Omit subsection
(8).˙Adoption of provisions of Insurance
(Agents and Brokers) Act 1984(Cwlth)49.(1)The provisions
of theInsurance (Agents and Brokers) Act
1984(Cwlth), other than the provisions specified
in subsection (2), are herebyadopted, with
such variations as are prescribed by subsection (3), and
shallapply—(a)to
the corporation in the conduct of its insurance business;
and(b)in relation to the corporation’s
insurance business;
s
4930s 49Suncorp Insurance
and Finance Act 1985as an Act of the Parliament.(2)Subsection (1) does not apply in
relation to the following provisionsof theInsurance (Agents and Brokers) Act
1984(Cwlth)—(a)the
long title;(b)the enacting words;(c)sections 1, 2, 3, 4, 5, 8, 20, 21, 22,
23, 24, 25, 41, 42, 43, 44, 45,46, 47 and
48.(3)The provisions adopted and applied by
subsection (1) specified in thefollowingtable,column1,aresoadoptedandappliedsubjecttothevariationsspecifiedinthetable,column2,inrespectoftheprovisionsrespectively—TableProvisionVariations
6In subsection (1)—(a)omitthewords‘sections7and8’andsubstitute‘section
7’;(b)omit all words from and including ‘a
State’ to theend subsection and substitute ‘Queensland
includingcontractsandproposedcontractsenteredintoorproposed to be entered into by the
corporation andanother insurer as joint insurers.’.Omit
subsection (2).s 7Omit paragraphs (a) and (b) and the
conjunction ‘or’ betweenthem and insert after the words
‘proposed contracts’ the words‘of
reinsurance’.
s
4931s 49Suncorp Insurance
and Finance Act 1985Table (continued)s 9In
the definitions “general insurance broker”, “life insurancebroker”and“registeredinsurancebroker”insertafterthewords‘part3’thewords‘oftheInsurance(AgentsandBrokers) Act 1984(Cwlth)’.Inthedefinition“insolventcompanyunderadministration”omitthewords‘CompaniesAct’andsubstitute‘Companies(Queensland)
Code’.Inthedefinition“insurancebroker”insertafterthewords‘carries on’ the
words ‘a business that includes’.Omitthedefinitions“Commissioner”,“InsuranceCommissioner”,“LifeInsuranceCommissioner”and“relevant Commissioner”.s 11Omit
all words from and including the word ‘Penalty’ to theend
of the section.s 18Omit subsection (1).s
19In subsection (1)—(a)omitfromparagraph(a)thewords‘thispart’andsubstitute‘part3oftheInsurance(AgentsandBrokers) Act 1984(Cwlth)’;(b)add at the end of paragraph (a) ‘and
such registrationis not suspended, cancelled or
expired’.s 26Omit from subsection (2) the words ‘an
“Insurance BrokingAccount”’andsubstitutethewords‘a‘StateInsuranceBroking Account’ ’.s 28Omit
subsection (2) and substitute—‘(2)ThissectionappliessubjecttotheprovisionsoftheBankruptcy Act 1966(Cwlth).’.s 29Omitfromsubsection(4)allwordsfromandincludingtheword
‘or,’ to the end of the subsection.s 36Omitfromparagraph(b)allwordsfromandincludingthewords ‘or under’ to the end of the
paragraph.
s
5032s 52Suncorp Insurance
and Finance Act 1985Table (continued)s 38Omitfromsubsection(3)thewords‘CompaniesAct’andsubstitute ‘Companies (Queensland)
Code’.Omit subsection (4).Omit subsection
(5) and substitute—‘(5)Thissectionhaseffectonlyaftertheexpirationof6
months after the commencement of theSuncorpInsuranceand Finance Act
1985, part 6.’.s 39Omit
subsection (3).˙Protection from prosecution50.No provision of this part of the
provisions adopted by section 48 or49 shall be
construed to render the corporation, a director of the board or
anofficer, employee or agent of the corporation
liable to be prosecuted for acontravention or
failure to comply with any of those adopted provisions.˙Protection of contracts etc.51.Except where it is otherwise expressly
provided by the provisionsadopted by sections 48 and 49 no
contract or agreement shall be renderedvoidorvoidablebyreasononlythatinrespectofittherehasbeenacontravention or failure to comply with a
provision adopted by section 48 or49.˙Interpretation52.For
the purposes of this part—(a)‘Commissioner,InsuranceCommissioner’,‘LifeInsuranceCommissioner’ or
‘relevant Commissioner’, wherever appearingin theInsurance (Agents and Brokers) Act
1984(Cwlth), shall beread and
construed as a reference to the board;(b)‘gazette’,whereverappearingintheInsuranceContractsAct1984(Cwlth) or
theInsurance(AgentsandBrokers)Act1984
s
5233s 52Suncorp Insurance
and Finance Act 1985(Cwlth),shallbereadandconstruedasareferencetotheCommonwealth of Australia
Gazette;(c)‘the court’, where it appears in
theInsurance Contracts Act 1984(Cwlth), sections 14, 31 and 56, shall be
read and construed as areference to any court of competent
jurisdiction;(d)‘thisAct’,whereverappearingintheInsuranceContractsAct1984(Cwlth) or
theInsurance(AgentsandBrokers)Act1984(Cwlth)shallbereadandconstruedasareferencetotheprovisionsoftheActinwhichtheexpressionappearsthatareadopted by section 48 or, as the case may
be, section 49.
35Suncorp Insurance and Finance Act
19853´AIAamdchdefdivexpgazhdginslapnotfdomo in cpparaprecpresprev==================KeyKey
to abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedomittedorder in
councilpageparagraphprecedingpresentprevious(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum=================previouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4List of
legislationSuncorp Insurance and Finance Act 1985 No.
102date of assent 13 December 1985ss
1–2 commenced on date of assentremaining
provisions commenced 1 January 1986 (see s 2)as amended
by—Suncorp Insurance and Finance Act Amendment
Act 1986 No. 28date of assent 8 April 1986commenced on date of assentActs
Amendment and Construction Act 1988 No. 47 s 12 sch 3date
of assent 12 May 1988commenced on date of assentPublic
Service Management and Employment Act 1988 No. 52 s 44 sch 3date
of assent 12 May 1988commenced 18 July 1988 (proc pubd gaz
16 July 1988 p 2876)Public Sector Management Commission Act 1990
No. 5 s 7.12(1) schdate of assent 4 April 1990commenced 4 April 1990 (proc pubd gaz 4
April 1990 p 1675)
36Suncorp Insurance and Finance Act
1985Suncorp Insurance and Finance Act Amendment
Act 1990 No. 63date of assent 18 September 1990ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 1990 (see s 3(2))Suncorp Insurance
and Finance Amendment Act 1993 No. 18date of assent 28
May 1993commenced on date of assentStatutoryAuthoritiesSuperannuationLegislationAmendmentAct1995No.36ss 1–2, 9 sch 2date of assent 16
June 1995commenced on date of assent´5List of
annotationsCommencements 2amd
1986 No. 28 s 3om R1 (see RA s 37)Arrangements
3om 1993 No. 18 schRepeals and
savingss 4amd 1986 No. 28 s 4om
1993 No. 18 schInterpretations 5def“Minister”sub 1988 No. 47 s
12 sch 3om 1993 No. 18 schdef“Public Service”om 1993 No. 18
schdef“Treasurer”om 1993 No. 18
schAppointed days 6sub
1986 No. 28 s 5Appointment of chief executive officers
13amd 1990 No. 63 s 4Other officers of
corporations 15amd 1993 No. 18 s 3 schRights
of officers previously employed in the public services
16amd 1988 No. 52 s 44 sch 3; 1990 No. 5 s
7.12(1) sch; 1993 No. 18 s 4,schRightofelectionastosuperannuationbypersonsotherthanofficersofthePublicServicewhoarecontributorstoStateServiceSuperannuationFunds
17om 1993 No. 18 schContributions by
corporations 18amd 1993 No. 18 sch
37Suncorp Insurance and Finance Act
1985Superannuation schemes 19sub
1995 No. 36 s 9 sch 2Continuance and authority of SGIO
(Queensland) Boards 21sub 1986 No. 28 s 6First
constitution of boards 22sub 1986 No. 28 s
7Membership of boards 23amd
1990 No. 63 s 5Vacation of offices 25amd
1990 No. 63 s 6Casual vacancy in office of directors
26amd 1990 No. 63 s 7Declaration of
interest by directors 37amd 1993 No. 18 schTaxations 45amd
1993 No. 18 schSCHEDULEom 1993 No. 18
sch´6Table of changed
names and titlesTABLE OF CHANGED NAMES AND TITLESunder
the Reprints Act 1992 ss 23 and 23AOldNewReference provisionconsolidated revenuefundconsolidated fundFinancial
Administration andAudit Act 1977 s 112´7Table of obsolete and redundant
provisionsTABLE OF OBSOLETE AND REDUNDANT
PROVISIONSunder the Reprints Act 1992 s 39Omitted provisionProvision making
omittedprovision obsolete/redundantreferences to provisions of a law
inclusiveActs Interpretation Act 1954s
35D