s 69 Representation by insurance intermediary
69.—(1) An insurance intermediary must not, with intent to deceive, make a false or misleading statement as to —(a) any amount that would be payable in respect of a proposed contract of insurance; or (b) the effect of any provision of a contract of insurance or a proposed contract of insurance. (2) A reference in subsection (1) to making a misleading statement includes a reference to omitting to disclose any matter that is material to a statement. (3) An insurance intermediary must not, with intent to deceive, in relation to a proposed contract of insurance —(a) write on a form, being a form that is given or sent to an insurer, any matter that is material to the contract and is false or misleading in a material particular; (b) omit to disclose to the insurer any matter that is material to the proposed contract; (c) advise or induce the intending insured to write on a form, being a form that is given or sent to an insurer, any matter that is false or misleading in a material particular; or (d) advise or induce the intending insured to omit to disclose to the insurer any matter that is material to the proposed contract. (4) An insurance intermediary must not, with intent to deceive, in relation to a claim under a contract of insurance —(a) fill up, in whole or in part, a form, being a form that is given or sent to an insurer, in such a way that the form is false or misleading in a material particular; (b) omit to disclose to the insurer any matter that is material to the claim; (c) induce the insured to fill up, in whole or in part, a form, being a form that is given or sent to the insurer, in such a way that the form is false or misleading in a material particular; or (d) advise or induce the insured to omit to disclose to the insurer any matter that is material to the claim. (5) Any person who contravenes subsection (1), (3) or (4) shall, even if a contract of insurance does not come into being, be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.[35R [23/2003]