Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Section 12DQ does not apply in relation to the sale of an add - on insurance product by a person if the add - on insurance product provides insurance cover:
(a) to an individual who:
(i) wholly or partly owns a motor vehicle; or
(ii) has the use of a motor vehicle under a lease of at least 4 months' duration; and
(b) in respect of all of the following (whether or not the product also provides insurance cover in respect of other matters):
(i) loss of, or damage to, the motor vehicle resulting from an accident;
(ii) loss of, or damage to, property of another person resulting from an accident in which the motor vehicle is involved;
(iii) loss of, or damage to, the motor vehicle caused by fire, theft or malicious acts.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code .
(2) Sections 12DR and 12DS do not apply in relation to an offer to issue or sell an add - on insurance product described in subsection (1) of this section, or a request or invitation to ask or apply for such an add - on insurance product.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code .
(3) In this section:
"motor vehicle" means a motor - powered vehicle that:
(a) is designed to travel by road; and
(b) is designed to carry passengers, or is a motorcycle; and
(c) does not have a carrying capacity that exceeds 2 tonnes.