Country Fire Authority (Contributions) Regulations 2009
i
Country Fire Authority (Contributions)
Regulations 2009
S.R. No. 64/2009
TABLE OF PROVISIONS
Regulation Page
1 Objectives 1
2 Authorising provision 1
3 Commencement 2
4 Revocation of Regulations 2
5 Insurance company returns 2
6 Owner and insurance intermediary returns 2
7 Portion of premium subject to contribution 2
__________________
SCHEDULES 4
SCHEDULE 1—Premium Return for the Year Ending 30 June 4
SCHEDULE 2—Return 10
SCHEDULE 3—Portion of Total Premium Subject to Contribution 11
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ENDNOTES 13
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1
STATUTORY RULES 2009
S.R. No. 64/2009
Country Fire Authority Act 1958
Country Fire Authority (Contributions)
Regulations 2009
The Governor in Council makes the following Regulations:
Dated: 2 June 2009
Responsible Minister:
BOB CAMERON
Minister for Police and Emergency Services
TOBY HALLIGAN
Clerk of the Executive Council
1 Objectives
The objectives of these Regulations are—
(a) to identify the classes of insurance policies
that have a fire component; and
(b) to prescribe the portion of the premiums of
those classes of insurance that are
attributable to insurance against fire; and
(c) to prescribe the form of returns required
under the Country Fire Authority Act
1958.
2 Authorising provision
These Regulations are made under section 110 of
the Country Fire Authority Act 1958.
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3 Commencement
These Regulations come into operation on 7 June
2009.
4 Revocation of Regulations
The Country Fire Authority (Contributions)
Regulations 1999 1 are revoked.
5 Insurance company returns
For the purposes of section 77(1) of the Country
Fire Authority Act 1958, the prescribed form of
a return lodged with the Authority is the form set
out in Schedule 1.
6 Owner and insurance intermediary returns
For the purposes of section 80A(2) of the
Country Fire Authority Act 1958, the prescribed
form of a return lodged with the Authority is the
form set out in Schedule 2.
7 Portion of premium subject to contribution
(1) The portion of the premium payable for an
insurance or class of insurance that is properly
attributable to insurance against fire in respect of
property situated in the country area of Victoria is
the portion set out in column 3 of Schedule 3
opposite the corresponding insurance or class of
insurance in column 2 of that Schedule.
(2) In this regulation premium—
(a) includes—
(i) a premium or extra premium received
for all extensions to a class of insurance
for extraneous risks of any kind; and
(ii) all administration charges; and
(iii) fire service levies; and
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(b) does not include—
(i) an individual premium received solely
in respect of combined fire and hail
insurance on growing crops; and
(ii) however designated, liability, crime,
plate glass, boiler explosion, motor
vehicle, motorcycle, transit (excluding
any static portion), marine hull,
aviation hull, personal accident,
livestock, and pluvius insurances; and
(iii) if fire is an excluded peril, electronic or
machinery breakdown and general
property insurance; and
(iv) a part of a premium for a class of policy
that is subject to contribution if that
part relates solely to an extension of the
policy to include any other insurance
referred to in subparagraphs (i), (ii)
and (iii) in which the risk of fire is not
an insured peril, and if the extension—
(A) is offered and given as an optional
extra; and
(B) has a separate premium allocation;
and
(C) is exclusive of all other policy
sections.
__________________
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SCHEDULES
SCHEDULE 1
Country Fire Authority Act 1958
Regulation 5
PREMIUM RETURN FOR THE YEAR ENDING 30 JUNE
Under section 77 of the Country Fire Authority Act 1958
The portion of the total amount of gross premiums received by or due to—
Name of Company: ACN/ABN:
of Address:
Billing Address:
Contact Name: Tel. No.:
Email:
during the financial year ended 30 June (including any commission or
discount) compiled in conformity with the prescribed portions of premiums
properly attributable to insurance against fire in respect of property in the
country area of Victoria as set out in Schedule 3 of the Country Fire
Authority (Contributions) Regulations 2009 is $ [in words to the
nearest dollar]. This amount was calculated from the following information—
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
Item
Classes of
insurance
subject to
contribution
Total
amount of
premium
received
or due in
Victoria
Total
amount of
premium
received or
due
outside
Victoria or
overseas
Total of
columns 3
and 4
Amount of
premium
subject to
contribution
1 any insurance
on property
that includes
insurance
Sch. 1
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Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
Item
Classes of
insurance
subject to
contribution
Total
amount of
premium
received
or due in
Victoria
Total
amount of
premium
received or
due
outside
Victoria or
overseas
Total of
columns 3
and 4
Amount of
premium
subject to
contribution
against fire
(whether
expressly or
otherwise and
whether or
not extended
to include
other risks)
and includes
consequential
loss, business
interruption
insurance or
other similar
classes of
insurance but
does not
include any
insurance of
a class
specified in
item 2, 3, 4, 5
or 6 $ $ $ $
Sch. 1
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Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
Item
Classes of
insurance
subject to
contribution
Total
amount of
premium
received
or due in
Victoria
Total
amount of
premium
received or
due
outside
Victoria or
overseas
Total of
columns 3
and 4
Amount of
premium
subject to
contribution
2 any insurance
on property
construction
or
engineering
installation or
both that
includes
insurance
against fire
(whether
expressly or
otherwise and
whether or
not extended
to include
other risks)
and includes
consequential
loss, business
interruption,
contractors'
plant and
machinery
insurance or
other similar
or associated
insurance $ $ $ $
3 any insurance
that solely
covers risks
that otherwise
would be
insured under
item 1, 2 or 6 $ $ $ $
Sch. 1
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Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
Item
Classes of
insurance
subject to
contribution
Total
amount of
premium
received
or due in
Victoria
Total
amount of
premium
received or
due
outside
Victoria or
overseas
Total of
columns 3
and 4
Amount of
premium
subject to
contribution
4 domestic and
residential
insurance but
excluding
where rated
separately and
offered and
given as an
optional extra
all premiums
received for
personal
property or
personal
items
insurance or
both that must
be included
under item 5 $ $ $ $
5 any insurance
that solely
covers
personal
property or
personal
items or both
(excluding
any insurance
of a class
specified in
item 1, 2, 3, 4
or 6 $ $ $ $
Sch. 1
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Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
Item
Classes of
insurance
subject to
contribution
Total
amount of
premium
received
or due in
Victoria
Total
amount of
premium
received or
due
outside
Victoria or
overseas
Total of
columns 3
and 4
Amount of
premium
subject to
contribution
6 the static risk
portion of the
premium for
any marine
class of
insurance or
any other
class of
insurance that
is confined to
perils of the
sea or air
or confined
to risks
involving
transportation
on land or in
the air
(excluding
storage
incidental to
transportation
by sea,
land or air)
(Static risk
includes all
movements
of goods,
stock or
material
associated
with
processing or
storage
operations at
any place) $ $ $ $
Sch. 1
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I [insert name] am the *Manager/Secretary/Agent of the Company and I declare
that according to the books of the Company and to the best of my knowledge
and belief this return contains a true statement of the amount of gross premiums
received by, or due to, the Company during the preceding financial year.
I further declare that in accordance with section 77(4) of the Country Fire
Authority Act 1958 the amount of fire service levy collected by the company in
the financial year ended 30 June in the year totals $ for items 1, 2, 3
and 6 and $ for items 4 and 5.
I acknowledge that this declaration is true and correct and I make it in the belief
that a person making a false declaration is liable to the penalties of perjury.
Declared at this day
of in the year
before me [insert name], a person
authorised to take a statutory declaration
in the place where this declaration is
made.
⎫
⎪
⎪
⎬
⎪
⎪
⎭
* delete if not applicable
__________________
Sch. 1
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SCHEDULE 2
Country Fire Authority Act 1958
Regulation 6
RETURN
Under section 80A of the Country Fire Authority Act 1958
Name of Company: ACN/ABN:
of Address:
Billing Address:
Contact Name: Tel. No.:
Email:
being *an insurance intermediary/the owner of the property insured certify
that the total amount of the premium (including any commission or discount)
of dollars cents ($ ) was paid to the
Insurance Company on / / to *effect/renew the policy of insurance
detailed below with respect to property in the country area of Victoria.
Policy in the Name of:
Policy Number: Insurance or Class of Insurance:
Address of Property:
(attach list if necessary)
Sum Insured: $ Excess/Deductible: $
Attachment Date: / / Expiry Date: / /
And I further certify that the portion of the total premium that is properly
attributable to insurance against fire as set out in Schedule 3 to the Country
Fire Authority (Contributions) Regulations 2009 is $
and as required, I enclose $
being the amount of contribution calculated in accordance with section 80A
of the Country Fire Authority Act 1958.
Signed Date: / /
* delete if not applicable.
__________________
Sch. 2
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SCHEDULE 3
Country Fire Authority Act 1958
Regulation 7
PORTION OF TOTAL PREMIUM SUBJECT TO
CONTRIBUTION
Column 1 Column 2 Column 3
Item
Classes of insurance subject to
contribution
Portion of total
premium subject to
contribution
1 any insurance on property that includes
insurance against fire (whether
expressly or otherwise and whether or
not extended to include other risks) and
includes consequential loss insurance,
business interruption insurance or other
similar classes of insurance but does
not include insurance of a class
specified in item 2, 3, 4, 5 or 6 80 per cent
2 any insurance on property construction
or engineering installation or both that
includes insurance against fire (whether
expressly or otherwise and whether or
not extended to include other risks),
and includes consequential loss,
business interruption, contractors' plant
and machinery or any other similar or
associated insurance 80 per cent
3 any insurance that solely covers risks
that otherwise would be insured under
item 1, 2 or 6 80 per cent
4 domestic and residential insurance but
excluding where rated separately and
offered and given as an optional extra
premiums received for personal
property or personal items insurance or
both that must be included under item 5 40 per cent
Sch. 3
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Column 1 Column 2 Column 3
Item
Classes of insurance subject to
contribution
Portion of total
premium subject to
contribution
5 any insurance that solely covers
personal property or personal items or
both (excluding insurance of a class
specified in item 1, 2, 3, 4 or 6 8 per cent
6 the static risk portion of the premium
for any marine class of insurance or
any other class of insurance that is
confined to perils of the sea or air or
confined to risks involving
transportation on land or in the air
(excluding storage incidental to
transportation by sea, land or air)
(Static risk includes all movements of
goods, stock or material associated
with processing or storage operations at
any place) 80 per cent
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Sch. 3
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ENDNOTES
1 Reg. 4: S.R. No. 92/1999.
Endnotes
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