英语翻译
(1) For the purposes of section 28 (General insurer must hold
sufficient assets),an amount is taken to be an asset in Australia of a
general insurer if:
(a) the insurer expects to recover the amount under a contract of
reinsurance entered into with a person who is outside
Australia; and
(b) the amount relates to claims in respect of liabilities in
Australia of the insurer,whether or not the claims have been
paid by the insurer; and
(c) under the terms of the contract,payments by way of
reinsurance are to be made in Australia.
(2) For the purposes of section 116 (General insurer not to carry on
insurance business after start of winding up) and section 28,a
liability is taken to be a liability in Australia of a general insurer if
it is undertaken by the insurer under a contract of insurance
(including reinsurance) made in Australia or in respect of which a
proposal was accepted or a policy issued in Australia,other than a
contract:
(a) that relates only to a liability contingent on an event that can
happen only outside Australia,not being a liability that the
body corporate has undertaken to satisfy in Australia; or
(b) if the insurer carries on insurance business both in and
outside Australia—that relates only to a liability that the
insurer has undertaken to satisfy outside Australia.
(3) For the purposes of section 28,a liability is also taken to be a
liability in Australia of a general insurer if it is undertaken by the
insurer under a contract of insurance (including reinsurance) made
outside Australia or in respect of which a proposal was accepted or
a policy issued outside Australia,if the contract:
(a) relates to a liability contingent on an event that can happen
only in Australia; or
(b) if the insurer carries on insurance business both in and
outside Australia—relates to a liability that the insurer has
undertaken to satisfy in Australia;
and any part of the negotiations or arrangements leading to the
making of the contract,the acceptance of the proposal or the issue
of the policy took place or were made in Australia.
(4)The whole or such part as APRA determines of an amount owed to
a body corporate by way of portions of premiums retained under a
contract of reinsurance by a person outside Australia are,for the
purposes of section 28,to be taken to be an asset in Australia of the
body corporate.