Australia's Department of Treasury has released exposure draft regulations for consultation to support the new ban on life insurers using protected genetic information when deciding whether to offer cover or on what terms. The draft would amend the Insurance Contracts Regulations 2017 to specify genetic testing information that is clearly covered by the ban and to bring the new offence and civil penalty provisions within the infringement notice regime, supporting enforcement by the Australian Securities and Investments Commission. The regulations would deem information relating to genetic testing for 14 listed predispositions, including BRCA1 and BRCA2-associated hereditary cancer syndromes, familial hypercholesterolemia, Huntington disease and Lynch syndrome, to be protected genetic information, while making clear the list is not exhaustive. They also clarify that information about a clinically diagnosed disease is not protected genetic information, even if the diagnosis was based on or informed by genetic testing. On enforcement, the draft would prescribe contraventions of subsections 33H(1) and 33H(2) of the Insurance Contracts Act 1984 for infringement notices and preserve continuity for existing notices linked to subsection 33C(5). If made, the regulations would commence at the same time as Schedule 1 to the Treasury Laws Amendment (Genetic Testing Protections in Life Insurance and Other Measures) Act 2026, which is set to start on 8 October 2026.

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