On Sep. 16, 2026, AST GVT registered the Insurance Contracts Amendment (Genetic Testing Protections in Life Insurance) Regulations 2026 and published an explanatory statement.
They prescribe 7 non-exhaustive categories of genetic predispositions (e.g., hereditary cancer, cardiovascular, neurological) as protected genetic information, each with illustrative examples.
They also clarify that information remains protected even where a clinical diagnosis is made before disease symptoms manifest and apply the infringement notice scheme to the ban's strict liability offense and civil penalty provisions.
The amendment regulations commence Oct. 8, 2026.
On Sep. 24, AST GVT proposed to ban genetic tests in life insurance.
AST GVT published exposure draft legislation that proposes to limit use of genetic information by life insurers; published explanatory material regarding the proposal.
Follows AST GVT Feb. 2025 issued proposal on ban on using testing results, #243327.
Background
The Assistant Treasurer committed to introducing legislation to ban life insurers form asking for or using the genetic test results when underwriting life insurance policies.
The draft considers views from earlier consultations on impacts and policy options, and design issues for the ban.
Highlights of Exposure Draft
The exposure draft inserts for Treasury laws amendment bill 2025: limiting the use of genetic information by life insurers, which amends the Insurance contracts act 1984.
Namely, to establish a ban which prohibits insurers from using certain information about a life insured’s genetic testing results to inform the offer of life insurance cover, or the terms and conditions on which the cover is offered.
Contravention of the ban will be subject to a criminal offense and civil penalties.
AST ASIC will be responsible for for monitoring and enforcing the ban.
In Jun. 2026, AST ASIC updated on licensing relief for foreign providers, see #300302.
Sep. 2026 Amendment Regulations Registered
On Sep. 16, 2026, AST GVT registered the Insurance Contracts Amendment (Genetic Testing Protections in Life Insurance) Regulations 2026 and published an explanatory statement.
They prescribe 7 non-exhaustive categories of genetic predispositions (e.g., hereditary cancer, cardiovascular, neurological) as protected genetic information, each with illustrative examples.
They also clarify that information remains protected even where a clinical diagnosis is made before disease symptoms manifest and apply the infringement notice scheme to the ban's strict liability offense and civil penalty provisions.
The amendment regulations commence Oct. 8, 2026.
Regulators
AST GVT; AST PRL
Entity Types
Ins
Reference
RF F2026L01225, 9/16/2026; RF C2026A00035, 4/9/2026; Rp 2026-000681, PR 2/26/2026; Info 11/27/2025; Bill 11/26/2025; CP, 9/24/2025; Citation: Insurance contracts act 1984; Disability discrimination act 1992; Treasury Laws Amendment (Genetic Testing Protections in Life Insurance and Other Measures) Act 2026;
Functions
Compliance; Financial; Human Rights; Legal; Product Design; Underwriting
