Fotegra .

When I list something on Bay a contract is formed between eBay and I, part of which requires I comply with eBay listing policy, and should I fail to do so eBay can impose pentiles on my account, 

So let’s look at one of your examples.  The listing policy says I can’t include in my TOS some like “once handed to Aust Post I’m no long responsible for the condition it arrive in.

Now I for one believe the seller should be forewarned of any risks associated with buying items on line, one of which, if the item is as described at the time it is handed to the carrier but is then damaged after being handed to the carrier, then the buyer has no recourse against the seller, unless the buyer proves – and the onus is on the buyer to prove – the reason why it arrived damaged was because of the sellers negligence.

Therefore the question which immediately arises is; what will eBay do where the listing doesn’t contain the warning – and therefore the listing policy has been complied with – but the item arrives broken.  The short answer is NOTHING.   Nothing because the listing requirement has been complied with and therefore as there was no violation there no penalty can be imposed.   Nothing because nowhere in the Australian agreement does it say, if it arrives broken the seller must compensate the buyer.  

As for the insurance preclusion, it exists for the same reason why the PayPal agreement specifically states Buyer Protection is not a policy of insurance.  That is the word “insurance” a specific legal meaning, with the provision of insurance services being subject to its own Act, with it being illegal for anyone who is not a licensed insure to take payment for the provision of insurance services.