Motor Accidents (Liabilities and Compensation) Act 1973
[Long Title Amended by No. 85 of 1993, s. 4 ]An Act to make provision for the discharge of liabilities in respect of deaths and bodily injuries arising from motor accidents and for the payment of compensation in respect of those deaths and bodily injuries, and to make provision in relation to the prevention of such deaths and bodily injuries and the management and treatment of such injuries, and for related purposes, and to amend the Traffic Act 1925 and certain other enactments
[Royal Assent 4 December 1973]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
1. Short title and commencement
(1) This Act may be cited as the Motor Accidents (Liabilities and Compensation) Act 1973 .(2) This Act shall come into force on a date to be fixed by proclamation.
[Section 2 Subsection (1) amended by No. 122 of 1977, s. 2 ][Section 2 Subsection (1) amended by No. 32 of 1980, s. 4 ][Section 2 Subsection (1) amended by No. 90 of 1984, s. 5 ][Section 2 Subsection (1) amended by No. 45 of 1985, s. 4 ][Section 2 Subsection (1) amended by No. 6 of 1991, s. 5 ][Section 2 Subsection (1) amended by No. 85 of 1993, s. 5 ][Section 2 Subsection (1) amended by No. 89 of 1995, s. 4 ](1) [Section 2 Subsection (1) amended by No. 40 of 1974, s. 3 ]In this Act unless the contrary intention appears –[Section 2 Subsection (1) amended by No. 49 of 1997, s. 4, Applied:01 Dec 1997]appointed day means 1st December 1974;beach has the same meaning as it has for the purposes of the Traffic Act 1925 ;Board means the Motor Accidents Insurance Board;[Section 2 Subsection (1) amended by No. 49 of 1997, s. 4, Applied:01 Dec 1997] caused by a motor vehicle has the meaning assigned by subsection (4) ;Commonwealth pension means any periodical payment made under any Act of the Commonwealth the entitlement to which arises by reason of the death of any person or by reason of the age or disability of any person;daily care has the meaning assigned to that expression by section 27A (1) ;disability allowance means a disability allowance referred to in the regulations;Foundation means the Injury Prevention and Management Foundation established under section 13A ;function includes duty;jurisdiction means any State or Territory of the Commonwealth, or any country or other jurisdiction outside the Commonwealth;medical benefit means a scheduled benefit payable pursuant to regulations made for the purpose of section 23 (4) (a) ;[Section 2 Subsection (1) amended by No. 49 of 1997, s. 4, Applied:01 Dec 1997] motor accident means an occurrence where a person suffers personal injury caused by a motor vehicle;motor registry means any place appointed under the Traffic Act 1925 for the registration of motor vehicles and the licensing of drivers of motor vehicles by the Traffic Act 1925 ;motor vehicle means a motor vehicle or a trailer within the meaning of the Traffic Act 1925 ;motor vehicle race has the same meaning as it has for the purposes of Division III of Part VI of the Police Offences Act 1935 ;owner, when used in relation to a motor vehicle, means –(a) any person who is the registered owner of that motor vehicle; or(b) any person who has any property in that vehicle; or(c) any person to whom the vehicle has been sold or otherwise disposed of by a previous registered owner who has complied with the applicable provisions of the Traffic Act 1925 relating to the sale or disposal; or(d) any other person who the Commission reasonably believes is any such owner of the vehicle;participating insurer means a person with whom there is a subsisting agreement with the Board under section 10 ;[Section 2 Subsection (1) amended by No. 49 of 1997, s. 4, Applied:01 Dec 1997] personal injury means death or physical or mental injury including –(a) prenatal injury; and(b) nervous shock; and(c) damage to a pair of prescription spectacles, prescription contact lens, denture, hearing aid, crutch, wheelchair, artificial limb, prosthetic device or prescribed item;[Section 2 Subsection (1) amended by No. 49 of 1997, s. 4, Applied:01 Dec 1997] police officer means –(a) in respect of a personal injury suffered in Tasmania –(i) any person employed in the police force, within the meaning of the Police Regulation Act 1898 ; and(ii) the Commissioner of Police; and(b) in respect of a personal injury suffered in another State or a Territory of the Commonwealth, any person who holds a position in that State or Territory which corresponds with a position referred to in paragraph (a) ;premium means a premium payable under section 30 ;public street has the same meaning as it has for the purposes of the Traffic Act 1925 ;registered, when used in relation to a motor vehicle means –(a) registered under the Traffic Act 1925 ; or(b) registered under a law of any jurisdiction outside the State requiring the registration of motor vehicles;registered owner, when used in relation to a motor vehicle, means any person who is registered as the owner of that motor vehicle;the regulations means regulations made and in force under this Act;scheduled benefits means the benefits specified in the regulations;third party insurance policy means a policy of insurance indemnifying a person in respect of third party liabilities incurred by him;[Section 2 Subsection (1) amended by No. 49 of 1997, s. 4, Applied:01 Dec 1997] third party liability means a liability incurred by a person as the owner or user of a motor vehicle in respect of the personal injury to any other person caused by that vehicle;Tribunal means the Motor Accidents Compensation Tribunal established under section 12 .(2) [Section 2 Subsection (2) amended by No. 49 of 1997, s. 4, Applied:01 Dec 1997] References in this Act to the damages payable to any person in respect of a personal injury shall be construed as including any damages payable for the benefit of that person in respect of that personal injury.(3) For the purposes of this Act a person shall be regarded as taking part in the motor vehicle race while –(a) he is engaged in conducting, or assisting in conducting, the race;(b) he is in charge of, or in, a motor vehicle competing or taking part in the race; or(c) he is assisting, or employed to assist, any person regarded as taking part in the race by virtue of paragraph (a) or paragraph (b) , in connection with the race or any motor vehicle competing or taking part therein, and any motor vehicle driven by or in charge of any person taking part in a motor vehicle race shall be deemed to be taking part in that race.(4) [Section 2 Subsection (4) inserted by No. 49 of 1997, s. 4, Applied:01 Dec 1997] A person, whether or not in or on any motor vehicle, suffers personal injury caused by a motor vehicle if the personal injury is a direct result of –(a) a collision, or action taken to avoid a collision, with that motor vehicle, whether the motor vehicle is stationary or moving; or(b) that motor vehicle moving out of control; or(c) the driving of that motor vehicle.
This Act binds the Crown and applies accordingly to any motor vehicle owned or used by or on behalf of the Crown.
[Section 3A Inserted by No. 49 of 1997, s. 5, Applied:01 Dec 1997] The objects of this Act are –(a) to provide for the payment of compensation in respect of personal injury resulting from a motor accident; and(b) to allow the contribution of funds to any or all of the following programs:(i) programs designed to reduce the incidence of motor accidents in Tasmania;(ii) programs designed to enable better and more effective care and treatment of persons who suffer personal injury as the result of a motor accident.
PART II - Administrative and Financial Provisions
Division I - The Motor Accidents Insurance Board and participating insurers[Part 2 Division 1 heading amended by No. 20 of 2002, s. 5 ]
4. The Motor Accidents Insurance Board
(1) [Section 4 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]There shall be established a board to be known as the Motor Accidents Insurance Board.(2) [Section 4 Subsection (2) amended by No. 27 of 1993, Sched. 1 ][Section 4 Subsection (2) amended by No. 32 of 1980, s. 5 ][Section 4 Subsection (2) omitted by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(3) [Section 4 Subsection (3) omitted by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(4) [Section 4 Subsection (4) omitted by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(5) [Section 4 Subsection (5) omitted by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(6) [Section 4 Subsection (6) omitted by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(7) [Section 4 Subsection (7) substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 4 Subsection (7) omitted by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(7A) [Section 4 Subsection (7A) inserted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 4 Subsection (7A) omitted by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(7B) [Section 4 Subsection (7B) inserted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 4 Subsection (7B) omitted by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(8) [Section 4 Subsection (8) substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 4 Subsection (8) omitted by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .
[Section 5 Subsection (4A) inserted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 5 Substituted by No. 52 of 1995, s. 3 and Sched. 1 ]The powers of the Board as specified in section 9 of the Government Business Enterprises Act 1995 include the power to enter into an arrangement or agreement with a person lawfully carrying on the business of insurance in respect of the liabilities of the Board or the administration of this Act.[Section 6 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 7 Amended by No. 122 of 1977, s. 3 ][Section 7 Amended by No. 10 of 1982, Sched. 8 ][Section 7 Amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 7 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 7 Subsection (3) omitted by No. 84 of 1993, s. 3 and Sched. 1 ][Section 7A Inserted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 7A Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .
[Section 7B Inserted by No. 90 of 1984, s. 6 ][Section 8 Amended by No. 40 of 1974, s. 4 ][Section 8 Amended by No. 40 of 1991, s. 25 ][Section 8 Amended by No. 85 of 1993, s. 6 ][Section 8 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 9 Substituted by No. 40 of 1991, s. 26 ][Section 9 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 9A Inserted by No. 40 of 1991, s. 26 ][Section 9A Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 9B Inserted by No. 40 of 1991, s. 26 ][Section 9B Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 10 Amended by No. 40 of 1974, s. 5 ][Section 10 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 10A Inserted by No. 18 of 1992, s. 4 ][Section 10A Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(1) [Section 7B Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Subject to this section, a person who is or has been a member of the Board or an employee of the Board shall not, directly or indirectly, disclose to any other person information obtained by him in the exercise of any powers conferred, or duties imposed, on him by this Act, or by virtue of his employment under, or for the purposes of, this Act.Penalty: Fine not exceeding 10 penalty units.(2) Subsection (1) does not operate to prevent the disclosure of information where that disclosure –(a) was made in connection with the administration or execution of this Act;(b) was ordered by a court, or by any other body or person authorized by law to examine witnesses, in the course of, and for the purpose of, the hearing or determination by that court, body, or person of any matter or thing; or(c) relates to a person, and was made with the approval in writing of that person.(3) [Section 7B Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 7B Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A person who, having as an employee of the Board obtained or received any information in the course of, or for the purpose of, a claim under this Act, takes advantage of knowledge obtained from that information to benefit himself or any other person is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units or to imprisonment for a term not exceeding 6 months, or both.(4) In this section –(a) a reference to information includes a reference to the contents of a record; and(b) a reference to the disclosure of information includes a reference to the delivery or giving to a person of that record or a copy of it or any part of it.
Division II - [Part II, Div. II Heading amended by No. 90 of 1984, s. 7 ]Calculation of premiums and the Motor Accidents Compensation Tribunal[Section 11 Amended by No. 40 of 1974, s. 6 ][Section 11 Amended by No. 122 of 1977, s. 4 ][Section 11 Amended by No. 44 of 1978, s. 2 ][Section 11 Substituted by No. 90 of 1984, s. 8 ][Section 11 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 11 Subsection (2) amended by No. 85 of 1993, s. 7 ][Section 11 Subsection (3) substituted by No. 71 of 1995, s. 3 and Sched. 1 ][Section 11 Repealed by No. 49 of 1997, s. 6, Applied:01 Dec 1997] . . . . . . . .
12. The Motor Accidents Compensation Tribunal
(1) There shall be established a tribunal to be known as the Motor Accidents Compensation Tribunal.(2) [Section 12 Subsection (2) amended by No. 122 of 1977, s. 5 ]The members of the Tribunal shall be appointed by the Governor.(2A) [Section 12 Subsection (2A) inserted by No. 122 of 1977, s. 5 ]A person is not qualified for appointment as a member of the Tribunal unless he holds the office of a judge, a magistrate, or a commissioner of a court of requests, and a member who ceases to be so qualified ceases to hold office as a member of the Tribunal.(3) The Governor may appoint a member of the Tribunal to be the chairman thereof.(4) The members of the Tribunal who are to constitute the Tribunal for the purposes of any proceedings or class or group of proceedings under this Act shall be selected by the chairman of the Tribunal.(5) Where 2 or more members are selected to constitute the Tribunal for the purposes of any proceedings the chairman of the Tribunal shall, if he is one of those members, be president of the Tribunal for the purposes of those proceedings, and, if he is not, such one of those members as he may select shall be president of the Tribunal for the purpose of those proceedings.(6) Where, for any reason, the chairman of the Tribunal is unable or unwilling to make a selection for the purposes of subsection (4) or subsection (5) , the selection may be made by any other member of the Tribunal appointed by the chairman of the Tribunal for the purpose.(7) [Section 12 Subsection (7) amended by No. 51 of 1985, s. 4 and Sched. 2 ][Section 12 Subsection (7) substituted by No. 71 of 1995, s. 3 and Sched. 1 ] Section 8 and Part 3 of the Commissions of Inquiry Act 1995 apply to matters referred to the Tribunal as if –(a) the Tribunal were a Commission established under section 4 of that Act ; and(b) the matter were the matter into which the Commission had been directed to inquire under that Act.
13. Supplementary provisions as to Tribunal
(1) [Section 13 Subsection (1) amended by No. 90 of 1984, s. 9 ]There shall be paid to a member of the Tribunal such remuneration and allowances as the Governor may approve.(2) [Section 13 Subsection (2) amended by No. 90 of 1984, s. 9 ][Section 13 Subsection (2) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The Minister may, with the approval of the Head of an Agency, within the meaning of the Tasmanian State Service Act 1984 , appoint an employee employed in that Agency to be secretary of the Tribunal, and an employee appointed secretary of the Tribunal may hold that office in conjunction with his position in the State Service.(2A) [Section 13 Subsection (2A) substituted by No. 90 of 1984, s. 9 ][Section 13 Subsection (2A) inserted by No. 29 of 1984, s. 3 and Sched. 1 ]The Minister may make arrangements to render available to the Tribunal such accommodation and assistance as it may require.(3) The expenses incurred under this section shall be defrayed out of money provided by Parliament for the purpose.
PART IIA - Injury Prevention and Management Foundation[Part IIA Inserted by No. 85 of 1993, s.8 ]
13A. Injury Prevention and Management Foundation
[Section 13A Inserted by No. 85 of 1993, s. 8 ]The Board may establish and maintain an account to be known as the Injury Prevention and Management Foundation.
[Section 13B Inserted by No. 85 of 1993, s. 8 ](1) The money held in the Foundation may be applied at the discretion of the Board for any of the following purposes:(a) [Section 13B Subsection (1) amended by No. 49 of 1997, s. 7, Applied:01 Dec 1997] to promote and advance road safety, the prevention of motor accidents and the prevention of personal injury as a result of motor accidents;(b) [Section 13B Subsection (1) amended by No. 49 of 1997, s. 7, Applied:01 Dec 1997] to conduct or support public awareness programmes in respect of the treatment of motor accident victims;(c) to advance and support medical and technical research;(d) [Section 13B Subsection (1) amended by No. 49 of 1997, s. 7, Applied:01 Dec 1997] to promote and advance techniques for the treatment of motor accident victims at the scene of the accident, during transportation to a hospital or other medical facility and after arrival at a hospital or other medical facility;(e) [Section 13B Subsection (1) amended by No. 49 of 1997, s. 7, Applied:01 Dec 1997] to educate and support the carers of motor accident victims;(f) [Section 13B Subsection (1) amended by No. 49 of 1997, s. 7, Applied:01 Dec 1997] to support organizations that care for motor accident victims;(g) to provide for the administration of the Foundation.(2) In applying the Foundation for a purpose specified in subsection (1) , the Board may do any of the following:(a) conduct or participate in a programme relating to that purpose;(b) provide financial support to persons and organizations by way of grants, loans, sponsorship or other financial accommodation.
[Section 13C Inserted by No. 85 of 1993, s. 8 ]The funds of the Foundation consist of –(a) all money paid into the Foundation under section 13D (4) ; and(b) all money donated to the Board by any person or organization for the purposes of the Foundation.
13D. Determination of percentage of premiums payable into Foundation
[Section 13D Inserted by No. 85 of 1993, s. 8 ](1) In this section, prescribed percentage means the percentage determined by the Board under subsection (2) (b) (i) .(2) In respect of each financial year, the Board must determine –(a) whether a percentage of the total of the premiums paid to the Board during that financial year is to be paid into the Foundation; and(b) if such a percentage is to be paid into the Foundation –(i) what that percentage is to be; and(ii) the manner in which, and the times at which, that percentage is to be paid into the Foundation.(3) In determining a prescribed percentage, the Board must determine a percentage that is not greater than 1%.(4) If the Board has determined that a prescribed percentage is to be paid into the Foundation in respect of a financial year, the Board must pay the prescribed percentage into the Foundation in the manner, and at the times, determined under subsection (2) (b) (ii) .(5) Notwithstanding that this section commenced after 30 June 1993, the Board may, within 6 months after the commencement of this section, make determinations under subsection (2) in respect of the financial year that ended on that day.
[Section 13E Inserted by No. 85 of 1993, s. 8 ]The Board may, in writing, delegate any of the functions or powers, other than this power of delegation, conferred on it under this Part to a person that the Board considers suitable.
PART III - Liabilities in Respect of personal injury caused by Motor Accidents[Part III Heading amended by No. 49 of 1997, s. 8, Applied:01 Dec 1997] [Part 3 Heading amended by No. 49 of 1997, s. 8 ][Part 3 Heading amended by No. 20 of 2002, s. 7 ]
14. General liability of Board in respect of motor accidents
(1) [Section 14 Subsection (1) amended by No. 49 of 1997, s. 9, Applied:01 Dec 1997] By virtue of this Act, but subject to and in accordance with the provisions thereof, the Board is bound to indemnify a person owning or using a motor vehicle, or his legal personal representatives, in respect of any liability (not being a contractual liability) incurred by him in respect of the personal injury to a person caused by a motor accident involving that motor vehicle in this State on or after the appointed day.(2) [Section 14 Subsection (2) amended by No. 49 of 1997, s. 9, Applied:01 Dec 1997] Where a person has incurred, in respect of a personal injury, a liability to which subsection (1) extends that subsection shall be deemed also to extend to any liability of that person to indemnify, or make contribution to, any other person in respect of any damages or compensation required to be paid by that other person in respect of that personal injury.(2A) [Section 14 Subsection (2A) inserted by No. 49 of 1997, s. 9, Applied:01 Dec 1997] Subsection (1) does not apply where the motor accident which resulted in the personal injury has not been reported to a police officer unless the Board determines that in the circumstances the failure to so report the motor accident should be excused.(3) [Section 14 Subsection (3) substituted by No. 122 of 1977, s. 6 ][Section 14 Subsection (3) substituted by No. 32 of 1988, s. 4 ][Section 14 Subsection (3) substituted by No. 33 of 1992, s. 4 ][Section 14 Subsection (3) amended by No. 16 of 1995, s. 96 ][Section 14 Subsection (3) amended by No. 42 of 1996, s. 3 and Sched. 1 ] Subsection (1) does not apply to any liability in respect of which –(a) a policy of insurance is required to be maintained under section 97 (1) of the Workers Rehabilitation and Compensation Act 1988 ; or(b) a policy of insurance would be required to be maintained by an employer under section 97 (1) of the Workers Rehabilitation and Compensation Act 1988 but for the fact that the employer is a self-insurer within the meaning of that Act; or(c) a policy of insurance would be required to be maintained by an employer under section 97 (1) of the Workers Rehabilitation and Compensation Act 1988 but for the fact that the employer is the Crown or an Agency or public statutory body referred to in section 97 (9) of that Act .(4) Subsection (1) does not apply to –(a) [Section 14 Subsection (4) amended by No. 49 of 1997, s. 9, Applied:01 Dec 1997] any liability in respect of the personal injury to a person taking part in a motor vehicle race (not being a motor vehicle race that takes place on a beach) caused by a motor accident involving a motor vehicle taking part in that race; and(b) any liability in respect of which an insurance policy has been taken out for the purposes of section 49 of the Police Offences Act 1935 .(4A) [Section 14 Subsection (4A) amended by No. 49 of 1997, s. 9, Applied:01 Dec 1997] [Section 14 Subsection (4A) inserted by No. 40 of 1974, s. 7 ]Where the Board is under this section bound to indemnify a person in respect of a liability, it has, to the exclusion of that person, the rights of contribution or indemnity in respect of that liability as were vested in that person.(4B) [Section 14 Subsection (4B) inserted by No. 49 of 1997, s. 9, Applied:01 Dec 1997] If –the Board has, in respect of any payments it is liable to make in or towards the indemnity, the same rights of contribution or indemnity against the non-indemnifiable person as the indemnifiable person would have had under the Tortfeasors and Contributory Negligence Act 1954 had the liability of both the indemnifiable person and the non-indemnifiable person arisen as a result of a tort.(a) both an indemnifiable person and a non-indemnifiable person are liable in respect of the personal injury that gave rise to the Board's obligation to indemnify the indemnifiable person; and(b) the liability of either or both of those persons arises otherwise than as the result of a tort –(4C) [Section 14 Subsection (4C) inserted by No. 49 of 1997, s. 9, Applied:01 Dec 1997] The Board may exercise the rights referred to in subsection (4B) by taking proceedings to recover contribution in its own name or the name of the indemnifiable person.(4D) [Section 14 Subsection (4D) inserted by No. 49 of 1997, s. 9, Applied:01 Dec 1997] In subsections (4B) and (4C) –indemnifiable person means a person the Board is bound to indemnify under this section;non-indemnifiable person means a person the Board is not bound to indemnify under this section.(5) For the purposes of this Part a liability to pay damages includes any liability to pay costs in connection with any proceedings taken in respect of the recovery thereof.
15. Discharge of obligations of the Board
(1) All moneys required to be paid by the Board under this Part in respect of a liability incurred by any person shall be applied by the Board in or towards the discharge of that liability in accordance with an agreement, or a determination of a competent tribunal, made in relation thereto.(2) Where judgment has been obtained for payment of any sum for which the Board is bound under this Part to indemnify the person against whom the judgment was obtained and that judgment is not satisfied in full within one month after it is entered, the court in which the judgment was obtained may, on the application of the judgment creditor, direct that that judgment be entered against the Board for the like sum.(3) No application shall be heard under subsection (2) unless at least 7 days previously a notice of intention to make the application has been served on the Board.(4) [Section 15 Subsection (4) amended by No. 40 of 1974, s. 8 ]Where the execution of the judgment referred to in subsection (2) is stayed by order of a court, the time during which it is so stayed shall be excluded in calculating the period of one month referred to in that subsection.(5) A judgment entered against the Board under subsection (2) may only be enforced to the extent that the judgment in relation to which it was entered remains unsatisfied.
16. Special provisions as to unidentified vehicles, &c.
(1) [Section 16 Subsection (1) amended by No. 122 of 1977, s. 7 ]Where it is alleged that some person has, as a person owning or using a motor vehicle, incurred a liability in respect of which he would be entitled to be indemnified by the Board under this Part but –the like proceedings may be taken against the Board in respect of that liability, and the like judgment obtained against the Board, as could have been taken or had against that person.(a) the identity of the motor vehicle cannot be established; or(b) that person has died or cannot, after reasonable inquiry and search, be found –(2) [Section 16 Subsection (2) amended by No. 49 of 1997, s. 10, Applied:01 Dec 1997] [Section 16 Subsection (2) amended by No. 40 of 1974, s. 9 ][Section 16 Subsection (2) amended by No. 122 of 1977, s. 7 ]No action lies against the Board under this section unless notice of intention to make a claim, together with a short statement of the grounds thereof, is given to the Board within the period of 3 months following the occurrence of the motor accident as a consequence of which the liability in respect of which the action is brought is alleged to have arisen or within such further time as the court may, on application made not later than 9 months after the occurrence of the motor accident, allow.(2A) [Section 16 Subsection (2A) inserted by No. 122 of 1977, s. 7 ]Notwithstanding subsection (2) , an application referred to in that subsection may be made after the expiration of the period of 9 months referred to in that subsection if the court is satisfied that the granting of the application is just and reasonable in the circumstances.(3) In an action under this section, the inquiry and search for the person by whom the liability is alleged to have been incurred may be proved orally or by the affidavit of the person who made the inquiry and search.
17. Negotiations and settlements affecting liability of Board
(1) The Board may take over any negotiations in respect of a liability in respect of which the Board is bound to indemnify any person under this Part, and may take charge of any legal proceedings in respect thereof taken against that person and, at any stage of those negotiations or proceedings, may pay, compromise, or settle any claim in relation thereto.(2) The person referred to in subsection (1) shall sign and execute all such warrants, authorities, and documents as may be necessary to give effect to the provisions of that subsection and, in default of his so doing, the court in which any proceedings against that person are pending may order that the same may be signed or executed by the Board on behalf of that person.(3) No agreement or settlement entered into, or offer or promise thereof made, by a person in respect of a liability in respect of which the Board is bound to indemnify him under this Part is of any force or effect unless it has been approved by the Board.(4) [Section 17 Subsection (4) added by No. 40 of 1974, s. 10 ]In exercising its powers under this section in respect of any liability the Board shall be deemed to be acting with the consent and authority of the person whom it is bound to indemnify in respect of that liability, and neither the Board nor any of its servants or agents are liable in defamation in respect of any admission or statement made in good faith in the exercise of those powers.
18. Recovery by Board from owner or driver in certain cases
(1) [Section 18 Subsection (1) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] [Section 18 Subsection (1) amended by No. 40 of 1974, s. 11 ][Section 18 Subsection (1) amended by No. 95 of 1977, s. 2 ]Where the Board has made payments in or towards the discharge of its obligations under this Part in respect of a liability incurred by a person as a person owning or using a motor vehicle, not being a trailer of a kind prescribed under section 29 (1AA) , and no premium had been paid for the use of the motor vehicle at the time of the motor accident giving rise to the liability, or a premium had not been paid for its use in the circumstances or under the conditions in which it was being used at that time, the Board may recover the amount of those payments from –(a) [Section 18 Subsection (1) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] the owner if the liability was incurred by the owner; or(b) [Section 18 Subsection (1) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] the person by whom the liability was incurred if that person was not the owner; or(c) [Section 18 Subsection (1) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] the owner of the motor vehicle if the liability was incurred by another person.(1A) [Section 18 Subsection (1A) inserted by No. 49 of 1997, s. 11, Applied:01 Dec 1997] Subsection (1)(c) does not apply if the owner of the motor vehicle shows that the other person who was using the motor vehicle at the time of the motor accident did so without the consent or acquiescence of the owner.(2) [Section 18 Subsection (2) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] Where the Board has made payments in or towards the discharge of its obligations under this Part in respect of a liability incurred by a person as a person using a motor vehicle and at the time of the motor accident giving rise to the liability that person was using that motor vehicle without the authority or acquiescence of the owner thereof or without reasonable grounds for believing he had that authority or acquiescence the Board may recover the amount of those payments from that person.(3) [Section 18 Subsection (3) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] [Section 18 Subsection (3) amended by No. 57 of 1977, s. 2 ]Where the Board has made payments in or towards the discharge of its obligations under this Part in respect of a liability incurred by a person as a person owning or using a motor vehicle and that person is convicted –arising out of his use of that motor vehicle at the time of the motor accident giving rise to the liability the Board may recover the amount of those payments from that person.(a) [Section 18 Subsection (3) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] of murder or manslaughter; or(ab) [Section 18 Subsection (3) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] of causing death by dangerous driving; or(b) of an offence under section 32 (1) of the Traffic Act 1925 ; or(c) [Section 18 Subsection (3) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] of an offence under section 4 of the Road Safety (Alcohol and Drugs) Act 1970 ; or(d) [Section 18 Subsection (3) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] in another State or a Territory of the Commonwealth of an offence which is substantially the same as an offence referred to in paragraph (a) , (ab) , (b) or (c) –(3A) [Section 18 Subsection (3A) inserted by No. 90 of 1984, s. 10 ][Section 18 Subsection (3A) omitted by No. 49 of 1997, s. 11, Applied:01 Dec 1997] . . . . . . . .(4) [Section 18 Subsection (4) substituted by No. 49 of 1997, s. 11, Applied:01 Dec 1997] A person from whom a sum is recoverable under this section in respect of that person's liability to another person has the same rights of contribution or indemnity in relation to that sum as that person would have had if –(a) section 14(4A) did not apply; and(b) that sum were damages to which section 3 of the Tortfeasors and Contributory Negligence Act 1954 applied.(5) [Section 18 Subsection (5) substituted by No. 40 of 1974, s. 11 ]Notwithstanding anything in the foregoing provisions of this section, where, in respect of any liability to which this section applies, the Board has recovered any sum by way of contribution or indemnity the amount otherwise recoverable by the Board under this section from the person by whom the liability was incurred is reduced by the amount so recovered by way of contribution or indemnity, and the rights of contribution or indemnity referred to in subsection (4) shall be deemed to have been discharged to the extent that they have been discharged by payments to the Board pursuant to section 14 (4A) .
19. Special provisions as to motor vehicles registered outside State
(1) [Section 19 Subsection (1) amended by No. 16 of 1979, s. 3 ]The provisions of Schedule 2 have effect in relation to the liabilities incurred by a person as a person owning or using a permitted out-of-State vehicle in respect of which a third party insurance policy is in force; and, in relation to those liabilities, this Part has effect subject to the provisions of that Schedule.(2) [Section 19 Subsection (2) added by No. 16 of 1979, s. 3 ]For the purposes of this section, a permitted out-of-State vehicle means any motor vehicle that, by virtue of its being registered elsewhere than in this State or of there being in force in respect of the vehicle a permit issued elsewhere than in this State, may lawfully be driven or used on public streets in this State without being registered under the Traffic Act 1925 .
20. Liability of Board in respect of use of motor vehicles outside the State
(1) Subject to this section, and except as may otherwise be prescribed, the payment and acceptance of a premium that, under Part V , affords cover for any period in respect of a motor vehicle registered in this State has effect as a compulsory third party insurance policy in force during that period in respect of that vehicle while it is being used in any jurisdiction outside the State that is prescribed as a jurisdiction to which this section applies.(2) In relation to the use of a motor vehicle in a jurisdiction to which this section applies the compulsory third party insurance policy referred to in subsection (1) is the third party insurance policy required to be entered into under the laws of that jurisdiction in respect of that motor vehicle while it is being used on public roads or streets in that jurisdiction.(3) A third party insurance policy referred to in subsection (1) shall be deemed to contain, and to be subject to, such terms and conditions (including conditions as to the avoidance of liabilities under, or the cancellation of, the policy) as may be prescribed, but, notwithstanding anything in the foregoing provisions of this subsection, the policy has effect subject to, and in accordance with, the laws of the jurisdiction referred to in that subsection in which the motor vehicle is being used.
21. Duties of registered owner, &c.
(1) [Section 21 Subsection (1) amended by No. 49 of 1997, s. 12, Applied:01 Dec 1997] [Section 21 Subsection (1) amended by No. 40 of 1974, s. 12 ][Section 21 Subsection (1) amended by No. 32 of 1980, s. 6 ]Upon the happening of a motor accident, or upon a motor accident coming to his knowledge, the owner of any motor vehicle involved in the motor accident shall give notice forthwith to a participating insurer or the Board or its agent, and that notice shall set forth–(a) [Section 21 Subsection (1) amended by No. 49 of 1997, s. 12, Applied:01 Dec 1997] the fact of the motor accident;(b) the time and place at which it occurred;(c) full particulars as to the circumstances thereof, so far as they are known to, or can be ascertained by, that owner; and(d) [Section 21 Subsection (1) amended by No. 49 of 1997, s. 12, Applied:01 Dec 1997] the name and address of any person killed or injured therein, and of any witness to the motor accident, so far as is known to that owner.(2) [Section 21 Subsection (2) amended by No. 49 of 1997, s. 12, Applied:01 Dec 1997] [Section 21 Subsection (2) omitted by No. 40 of 1974, s. 12 ][Section 21 Subsection (2) inserted by No. 90 of 1984, s. 11 ]In any proceedings for an offence under subsection (1) , a certificate purporting to be signed by an employee of the Board authorized by it to sign that document certifying that, in respect of a specified motor accident, no participating insurer, the Board, nor its agent, was given notice of the matters referred to in subsection (1) by a specified date by the person in respect of whom the proceedings were commenced is admissible under this Act and shall, until the contrary is established, be evidence of the matters so specified.(3) [Section 21 Subsection (3) amended by No. 49 of 1997, s. 12, Applied:01 Dec 1997] [Section 21 Subsection (3) amended by No. 40 of 1974, s. 12 ][Section 21 Subsection (3) amended by No. 32 of 1980, s. 6 ]Upon a claim being made to any person in respect of a third party liability arising from a motor accident that is alleged to have been incurred by him as the person owning or using a motor vehicle involved in the motor accident that person shall forthwith give notice of that claim to a participating insurer or the Board or its agent with such particulars thereof as that insurer or the Board may require.(4) [Section 21 Subsection (4) amended by No. 40 of 1974, s. 12 ][Section 21 Subsection (4) omitted by No. 32 of 1980, s. 6 ]. . . . . . . .(5) No person shall, without the written consent of the Board –in respect of any third party liability that has been incurred or is alleged to have been incurred by that person.(a) enter upon, or incur any expense in, litigation;(b) make any payment or settlement, or any offer or promise thereof; or(c) make any admission of liability –(6) Nothing in subsection (5) shall be construed as preventing a person from truthfully answering any question reasonably asked of him.(7) [Section 21 Subsection (7) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who contravenes this section is guilty of an offence and liable to a fine not exceeding 5 penalty units.(7A) [Section 21 Subsection (7A) inserted by No. 122 of 1977, s. 8 ]A complaint for a contravention of this section shall be made not later than 6 months after the discovery by the Board of the contravention.(8) This section commences on the appointed day.
22. Actions for damages in respect of third party liabilities
(1) [Section 22 Subsection (1) amended by No. 49 of 1997, Applied:01 Dec 1997] An action in which damages are sought in respect of any motor accident shall be heard before a court without a jury.(1A) [Section 22 Subsection (1A) inserted by No. 122 of 1977, s. 9 ]A court shall not make an order for damages in respect of an action referred to in subsection (1) unless it is satisfied that the Board has had reasonable opportunity of being heard in the proceedings.(2) [Section 22 Subsection (2) amended by No. 40 of 1974, s. 13 ]Where damages are awarded in respect of –the court, in order to determine the liability of the Board under this Part, shall, as part of its judgment, direct what portion of the damages, and what portion of any costs awarded, shall be in respect of the death or bodily injury.(a) [Section 22 Subsection (2) amended by No. 49 of 1997, Applied:01 Dec 1997] the personal injury to any person caused by or arising out of a motor accident; and(b) any other loss or damage –(3) [Section 22 Subsection (3) substituted by No. 49 of 1997, s. 13, Applied:01 Dec 1997] If –the court must reduce that portion of the damages that is attributable to the failure to wear a seat belt and would otherwise be awarded.(a) personal injury, other than death, is caused by a motor vehicle; and(b) the person suffering that personal injury, in contravention of the Traffic (General and Local) Regulations 1956 , was not wearing a seat belt –(4) [Section 22 Subsection (4) inserted by No. 49 of 1997, s. 13, Applied:01 Dec 1997] The amount by which that portion of the damages attributable to the failure to wear a seat belt is to be reduced under subsection (3) is 15% or a higher percentage that the court considers just and equitable having regard to the extent to which the proper use of a seat belt would have lessened the severity of the injury.
PART IV - Statutory Compensation in Respect of Motor Accidents
23. Liability to pay scheduled benefits
[Section 23 Substituted by No. 122 of 1977, s. 10 ][Section 23 Amended by No. 6 of 1991, s. 6 ](1) [Section 23 Subsection (1) amended by No. 45 of 1985, s. 5 ][Section 23 Subsection (1) substituted by No. 49 of 1997, s. 14, Applied:01 Dec 1997] The Board must pay the benefits prescribed by the regulations if –(a) [Section 23 Subsection (1) amended by No. 17 of 1996, Applied:15 May 1998] a resident of this State suffers personal injury as the result of a motor accident occurring in this State; or(b) a person suffers personal injury as the result of a motor accident occurring in this State and caused by a motor vehicle registered in this State; or(c) a resident of this State suffers personal injury caused by a motor vehicle registered in this State and as the result of a motor accident occurring in another State or a Territory of the Commonwealth.(2) For the purposes of subsection (1) , a person shall be deemed to be a resident of the State if, but only if, his ordinary place of residence is in the State.(2A) [Section 23 Subsection (2A) inserted by No. 49 of 1997, Applied:01 Dec 1997] Subsection (1) does not apply where the motor accident which resulted in the personal injury has not been reported to a police officer unless the Board determines that in the circumstances the failure to so report the motor accident should be excused.(3) [Section 23 Subsection (3) amended by No. 45 of 1985, s. 5 ]Where, by virtue of subsection (1) , scheduled benefits become payable by the Board, those benefits are payable in accordance with the provisions of the regulations.(4) [Section 23 Subsection (4) added by No. 45 of 1985, s. 5 ][Section 23 Subsection (4) substituted by No. 49 of 1997, s. 14, Applied:01 Dec 1997] The regulations may prescribe in relation to a person who suffers personal injury as a result of a motor accident –(a) the medical benefits payable to that person, the forms of treatment for which medical benefits are payable and the limit (except in respect of a person requiring daily care) on the amount of medical benefits payable; and(b) the funeral benefits payable to that person's personal representative and the limit on the amount of funeral benefits payable; and(c) the death benefits payable to dependants of that person and the limit on the amount of death benefits payable; and(d) the disability benefits payable to that person and the manner of determining the limit on the amount of disability benefits payable.(5) [Section 23 Subsection (5) added by No. 45 of 1985, s. 5 ]The regulations may provide that benefits may be paid by way of lump sum payments, by way of payment of expenses as they are incurred, or by way of periodical allowances.(6) [Section 23 Subsection (6) added by No. 45 of 1985, s. 5 ]The regulations may provide that the amount of benefits payable and the period for which benefits are payable may vary in respect of such factors as may be specified in the regulations.
24. Exclusions from scheduled benefits
(1) [Section 24 Subsection (1) amended by No. 17 of 1996, Applied:15 May 1998] [Section 24 Subsection (1) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] [Section 24 Subsection (1) amended by No. 40 of 1974, s. 14 ]No scheduled benefits are payable in respect of the personal injury to a person in any of the following cases:(a) [Section 24 Subsection (1) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] [Section 24 Subsection (1) amended by No. 17 of 1996, Applied:15 May 1998] Where the personal injury to that person resulted from that person intentionally causing or attempting to cause the personal injury to himself or any other person;(b) [Section 24 Subsection (1) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] [Section 24 Subsection (1) amended by No. 17 of 1996, Applied:15 May 1998] Where compensation is payable in respect of that personal injury under any law of this State or of the Commonwealth or of any other State or Territory of the Commonwealth that relates to the payment of compensation by an employer in respect of the personal injury to persons in his employment resulting from motor accidents occurring in connection with that employment;(c) [Section 24 Subsection (1) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] Where that personal injury results from that person being subjected to ionizing radiation;(d) [Section 24 Subsection (1) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] Where the personal injury was caused by a motor vehicle in a motor vehicle race (not being a motor vehicle race that takes place on a beach) in which that person was taking part;(e) [Section 24 Subsection (1) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] Where that personal injury was caused by the use of a motor vehicle –and that person was the owner or driver of that motor vehicle;(i) that is a trail bike, farm bike or beach buggy; and(ii) in respect of which a premium has not been paid –(f) [Section 24 Subsection (1) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] [Section 24 Subsection (1) amended by No. 17 of 1996, Applied:15 May 1998] Where the personal injury to that person was caused by, or arose out of, the use of a motor vehicle in the commission of, or in the furtherance of the commission of, an offence of dishonesty or violence, that person being a party to the use of that vehicle for that purpose;(g) [Section 24 Subsection (1) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] Where, in respect of a motor accident –(i) the personal injury to that person is caused by a motor vehicle, other than a trailer of a kind prescribed for the purposes of section 29(1AA) ; and(ii) at the time of the motor accident a premium for the use of that motor vehicle had not been paid or a premium for the use of that motor vehicle in the circumstances or under the conditions in which the motor vehicle was being used had not been paid; and(iii) at the time of the motor accident that person –(A) was the driver of the motor vehicle and knew or ought to have known that such a premium had not been paid; or(B) was the owner of the motor vehicle.(1A) [Section 24 Subsection (1A) inserted by No. 39 of 1988, s. 4 ][Section 24 Subsection (1A) omitted by No. 16 of 1995, s. 96 ]. . . . . . . .(2) [Section 24 Subsection (2) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] [Section 24 Subsection (2) amended by No. 57 of 1977, s. 3 ]No medical or disability benefits are payable in respect of the personal injury to a person arising from a motor accident in either of the following cases, that is to say:(a) [Section 24 Subsection (2) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] Where that person is convicted –arising out of his driving of a motor vehicle at the time of the motor accident; or(i) [Section 24 Subsection (2) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] of manslaughter; or(ia) [Section 24 Subsection (2) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] of causing death by dangerous driving; or(ii) of an offence under section 32 (1) of the Traffic Act 1925 ; or(iii) [Section 24 Subsection (2) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] of an offence under section 4 of the Road Safety (Alcohol and Drugs) Act 1970 ; or(iv) [Section 24 Subsection (2) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] in another State or a Territory of the Commonwealth of an offence that is substantially the same as an offence referred to in subparagraph (i) , (ia) , (ii) or (iii) –(b) [Section 24 Subsection (2) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] Where at the time of the motor accident that person was unlawfully driving a motor vehicle by reason of his not holding a driver's licence, or any licence or other authority referred to in section 14 (6) of the Traffic Act 1925 , authorizing him to drive that motor vehicle.(3) Paragraph (b) of subsection (2) does not apply in a case where the person referred to in that paragraph would not have been driving the motor vehicle unlawfully as mentioned therein if a licence or other authority previously held by him had been renewed, so long as –(a) the reason for its not being renewed was a failure by inadvertence to apply for its renewal; and(b) it is capable of being renewed and there is no reason to believe that if application were made for its renewal it would not be renewed.(4) [Section 24 Subsection (4) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] [Section 24 Subsection (4) added by No. 90 of 1984, s. 12 ][Section 24 Subsection (4) amended by No. 6 of 1991, s. 7 ][Section 24 Subsection (4) amended by No. 28 of 2005, s. 22 ]Except as provided by section 16 (2) , a claim for the payment of scheduled benefits for personal injury suffered as a result of a motor accident shall not, subject to subsection (5) , be brought after the expiration of a period of 3 years from the date on which the accident occurred.(5) [Section 24 Subsection (5) amended by No. 49 of 1997, s. 15, Applied:01 Dec 1997] [Section 24 Subsection (5) added by No. 90 of 1984, s. 12 ]Notwithstanding subsection (4) , on application being made by the person making the claim, the Tribunal, after hearing such of the persons likely to be affected by the claim as it thinks fit, may, if it thinks that in all the circumstances it is just and reasonable to do so, extend the period limited for the making of the claim for such period as it thinks necessary, but so that the period within which the claim may be made does not exceed a period of 6 years from the date of the motor accident.(6) [Section 24 Subsection (6) added by No. 90 of 1984, s. 12 ]The powers conferred on the Tribunal by subsection (5) may be exercised notwithstanding that the period limited by subsection (4) for the making of the claim may have expired.
25. Payment of scheduled benefits to infants
(1) [Section 25 Subsection (1) amended by No. 122 of 1977, s. 11 ][Section 25 Subsection (1) amended by No. 20 of 1995, s. 5 and Sched. 3 ]Subject to subsection (1B) , where a scheduled benefit becomes payable to an infant that benefit shall unless the Supreme Court otherwise orders be paid to The Public Trustee to be held on trust for that infant.(1A) [Section 25 Subsection (1A) inserted by No. 40 of 1974, s. 15 ]For the purposes of subsection (1) an order of the Supreme Court may be sought by an informal application on affidavit, and any such application may be heard in chambers.(1B) [Section 25 Subsection (1B) inserted by No. 122 of 1977, s. 11 ]Where a scheduled benefit, being a periodical allowance for the maintenance of an infant, becomes payable under this Act that allowance may be paid to the person who has the lawful custody or control of the infant.(2) [Section 25 Subsection (2) amended by No. 20 of 1995, s. 5 and Sched. 3 ]Notwithstanding anything in the Public Trustee Act 1930 The Public Trustee may apply the whole or any part of any sum received by it under this section in trust for an infant, or of the income thereof, for the maintenance, education, or advancement, or otherwise for the benefit, of the infant during his minority or may pay the same to some other person to be so applied without seeing to the application or being answerable for the misapplication or non-application thereof.(3) [Section 25 Subsection (3) amended by No. 20 of 1995, s. 5 and Sched. 3 ]The expenses incurred by The Public Trustee in the carrying out of any trust under this section and any fees or other charges payable to The Public Trustee under the Public Trustee Act 1930 in respect of that trust shall be defrayed by the Board.
26. Effect of Commonwealth pensions
Regulations under this Act may, in a case where a scheduled benefit becomes payable to a person who is entitled to, or is in receipt of, a Commonwealth pension –(a) provide for the reduction of the benefit;(b) provide that the benefit shall not be paid or shall not be paid in respect of a specified period;(c) provide for the postponement of the payment of the benefit or any part thereof; or(d) provide for the apportionment of any scheduled benefit to which that person may be entitled together with other persons.
27. Scheduled benefits in relation to liability for damages
[Section 27 Substituted by No. 6 of 1991, s. 8 ](1) [Section 27 Subsection (1) amended by No. 49 of 1997, s. 16, Applied:01 Dec 1997] Except as provided by subsection (2) , if a liability has been incurred for the payment of damages to a person in respect of a personal injury the payment to that person of a scheduled benefit in respect of that personal injury shall, so far as it extends, be taken to be a payment in or towards the discharge of that liability, and the amount of those damages shall be reduced accordingly.(2) [Section 27 Subsection (2) amended by No. 32 of 1988, s. 5 ] Subsection (1) does not apply in respect of medical benefits paid in accordance with section 27A (5) .(3) [Section 27 Subsection (3) amended by No. 49 of 1997, s. 16, Applied:01 Dec 1997] Except as provided by section 27A (5) , if–the Board is not required to make any further payments to that person by way of scheduled benefits in respect of that personal injury except to the extent that the judgment or agreement remains unsatisfied.(a) [Section 27 Subsection (3) amended by No. 17 of 1996, Applied:15 May 1998] a judgment is obtained for the payment of damages to a person in respect of personal injury; or(b) [Section 27 Subsection (3) amended by No. 49 of 1997, s. 16, Applied:01 Dec 1997] a person has accepted money paid into Court in satisfaction of a claim in respect of personal injury; or(c) [Section 27 Subsection (3) amended by No. 49 of 1997, s. 16, Applied:01 Dec 1997] a person has agreed to accept an amount in satisfaction of a claim in respect of personal injury –(4) Subsections (1) and (3) do not affect the right to scheduled benefits of any person other than the person to whom or for whose benefit the damages referred to in those subsections are to be paid, and the right of any such other person to scheduled benefits and the amount of those benefits shall be determined as if the judgment under which the damages referred to in subsections (1) and (3) are payable had not been obtained.
27A. People requiring daily care
[Section 27A Inserted by No. 6 of 1991, s. 8 ](1) In this section daily care, in respect of a person, means that the person will need treatment, therapy, nursing services, assistance, supervision, services for rehabilitation or other care for at least 2 hours a day for an indefinite period.(2) This section applies where –(a) a liability has been incurred for the payment of damages to a person in respect of bodily injury; and(b) as a result of that injury medical benefits are payable by the Board to that person.(3) If a Court is satisfied at the time of giving judgment in respect of a liability referred to in subsection (2) that the person to whom any damages are to be paid will require daily care as a result of suffering the bodily injury giving rise to the damages, the Court –(a) shall, as part of its judgment, certify that the person will require daily care; and(b) shall not include in the damages any amount in respect of the daily care that person will require as a result of the bodily injury after the date of the judgment.(4) If –the person making the claim shall be taken for the purposes of this Act to require daily care.(a) a person makes a payment into Court in respect of a claim arising from a liability referred to in subsection (2) ; and(b) the person making the payment gives notice to the person making the claim that the payment is made on the basis that, because of the bodily injury giving rise to the claim, the person making the claim will require daily care; and(c) the person making the claim accepts the payment –(5) If –the Board shall pay that person the medical benefits referred to in subsection (2) (b) for so long as the person needs those medical benefits because of the bodily injury giving rise to the liability referred to in subsection (2) (a) .(a) a Court certifies in accordance with subsection (3) (a) that a person will require daily care; or(b) a person accepts a payment into Court in accordance with subsection (4) (c) –
27B. Board may require examination
[Section 27B Inserted by No. 6 of 1991, s. 8 ](1) In this section –consultant means a person who –and includes a person trained or skilled in the rehabilitation of injured people;(a) is normally resident in a State or Territory of the Commonwealth; and(b) is entitled in accordance with the laws of that State or Territory to practise as a medical practitioner, a dentist, a neuro-psychologist, an occupational therapist, a physiotherapist or a psychologist in that State or Territory –examination means –(a) an examination of an injured person by a consultant; or(b) an examination of any accommodation or facilities used by or available to an injured person.(2) This section applies where –(a) a person has suffered bodily injury; and(b) the bodily injury has resulted in or could result in the Board being required to pay scheduled benefits.(3) If the right to, or the amount of any –payable in respect of an injury referred to in subsection (2) depends upon a determination by the Board or a judgment by a Court the Board may require an examination to be carried out.(a) scheduled benefits; or(b) damages –(4) If the Board has required an examination to be carried out and –the Board is not required to pay scheduled benefits in respect of the injured person, and proceedings in any Court relating to the injury to the injured person may be stayed on the application of the Board, in either case for so long as the refusal or failure continues.(a) the injured person unreasonably refuses or fails to be examined by a consultant in accordance with the requirement; or(b) a person caring for the injured person unreasonably refuses or fails to give a consultant reasonable access to the injured person to carry out an examination in accordance with the requirement; or(c) access to any accommodation or facilities required to be examined in accordance with the requirement is unreasonably refused or failed to be given –
28. Determination as to right to scheduled benefits
[Section 28 Subsection (8) substituted by No. 122 of 1977, s. 12 ][Section 28 Substituted by No. 6 of 1991, s. 8 ](1) [Section 28 Subsection (1) substituted by No. 50 of 1994, s. 4 ]The Board is to determine –(a) whether or not a person is to be treated as a person within a class of persons to whom scheduled benefits may be paid; and(b) the right of a person to be paid any scheduled benefit; and(c) the amount of any scheduled benefit to be paid to a person.(2) A person aggrieved –may refer the matter to the Tribunal.(a) by a determination under subsection (1) ; or(b) by a refusal or failure of the Board to make a payment by way of a scheduled benefit –(3) The Board may, at any time, refer any matter to the Tribunal affecting –(a) the right of a person to a scheduled benefit; or(b) the amount of any scheduled benefit.(4) The Tribunal shall make such determination on a matter referred to it as it considers proper in the circumstances.(5) A determination under subsection (4) binds –(a) the Board; and(b) any other party to the reference to the Board.(6) A person aggrieved by a determination made by the Tribunal under subsection (5) may appeal to the Supreme Court which may confirm, vary or rescind the determination.(7) A determination of the Tribunal varied by the Supreme Court under subsection (6) has effect, as varied, as a determination by the Tribunal.(8) Regulations made for the purpose of this section may –(a) prescribe the manner in which any determination by the Board or the Tribunal is to be made; and(b) prescribe the manner in which a matter shall be referred to the Tribunal and the time in which it can be so referred; and(c) make provision with respect to –(i) the exercise of rights of infants in relation to references to the Tribunal and the determinations on such references; and(ii) fixing the amount of costs to be paid by a party to a reference to the Tribunal; and(iii) the enforcement of orders of the Tribunal for the payment of costs; and(iv) the discontinuance or dismissal of a reference to the Tribunal for want of prosecution.
28A. Redemption of periodical payments
[Section 28A Inserted by No. 90 of 1984, s. 13 ](1) Where scheduled benefits have been paid by way of periodical allowance to a person by the Board under this Act for a period of not less than 12 months, the liability of the Board to continue the payment of those benefits may be redeemed by the payment of –(a) where the payments have been made in respect of an infant, such lump sum as may be determined by the Supreme Court upon application by the Board or the person to whom the benefits have been paid; or(b) where the payments have been to a person who has attained full age, such lump sum as may be determined by agreement or by the Supreme Court upon application by the Board and the person to whom the benefits have been paid.(2) Where the Supreme Court makes a determination under subsection (1) , it may order that the lump sum be invested or otherwise applied for the benefit of the person in respect of whom the benefits have been paid.
28B. Recovery by Board of scheduled benefits
[Section 28B Inserted by No. 49 of 1997, s. 17, Applied:01 Dec 1997](1) In this section,scheduled benefits includes payments by the Board in respect of its legal costs which are properly and reasonably incurred and which relate to, or are incidental to, the payment of the scheduled benefits including, but not limited to –(a) a reference of any matter to the Tribunal; and(b) any legal proceedings relating to the payment of the scheduled benefits.(2) The Board may recover from the person who owned a motor vehicle at the time that motor vehicle was involved in a motor accident resulting in personal injury scheduled benefits paid to that person or any other person in respect of that personal injury if –(a) that motor vehicle is not a trailer of a kind prescribed for the purposes of section 29(1AA) ; and(b) at the time of the motor accident a premium for the use of that motor vehicle had not been paid or a premium for the use of that motor vehicle in the circumstances or under the conditions in which the motor accident occurred had not been paid.(3) Subsection (2) does not apply if it is shown that the motor vehicle was being used without the owner's consent or acquiescence.(4) The Board may recover from a person who, at the time a motor vehicle was involved in a motor accident resulting in personal injury, was using but was not the owner of that motor vehicle scheduled benefits paid to that person or any other person in respect of that personal injury if –(a) that person did not have the consent or acquiescence of the owner to so use that motor vehicle; and(b) the person did not have reasonable grounds for believing that the person had the consent or acquiescence of the owner to so use that motor vehicle.(5) The Board may recover from the driver of a motor vehicle who caused a motor accident scheduled benefits paid to that driver or any other person in respect of personal injury resulting from that motor accident if that driver is convicted in respect of that motor accident –(a) of manslaughter; or(b) of causing death by dangerous driving; or(c) of an offence under section 32(1) of the Traffic Act 1925 ; or(d) of an offence under section 4 of the Road Safety (Alcohol and Drugs) Act 1970 ; or(e) in another State or a Territory of the Commonwealth of an offence that is substantially the same as an offence referred to in paragraph (a) , (b) , (c) or (d) .(6) The Board may recover from the driver of a motor vehicle who caused a motor accident scheduled benefits paid to that driver or any other person in respect of personal injury resulting from that motor accident if the driver intended to cause that motor accident.
28C. Recovery by Board from non-indemnifiable person of scheduled benefits
[Section 28C Inserted by No. 49 of 1997, s. 17, Applied:01 Dec 1997](1) In this section –fault has the same meaning as in the Tortfeasors and Contributory Negligence Act 1954 ;indemnifiable person means a person who is entitled to be indemnified by the Board in respect of a liability;non-indemnifiable person means a person who is not entitled to be indemnified by the Board in respect of a liability;scheduled benefits includes payments by the Board in respect of its legal costs which are properly and reasonably incurred and which relate to, or are incidental to, the payment of the scheduled benefits including, but not limited to –(a) a reference of any matter to the Tribunal; and(b) any legal proceedings relating to the payment of the scheduled benefits.(2) The Board may recover from a non-indemnifiable person a scheduled benefit paid to any other person in respect of personal injury if the circumstances of the motor accident which resulted in the personal injury also created a liability in the non-indemnifiable person to pay damages.(3) The Board has, in respect of scheduled benefits paid in respect of personal injury, the same rights of contribution and indemnity against a non-indemnifiable person as would have vested in an indemnifiable person by the Tortfeasors and Contributory Negligence Act 1954 if –(a) the circumstances of the motor accident which resulted in the personal injury also created liability in both the non-indemnifiable person and the indemnifiable person to pay damages; and(b) the scheduled benefits had been damages paid by the indemnifiable person towards meeting the liability; and(c) the liability had arisen as the result of a tort.(4) If under section 4 of the Tortfeasors and Contributory Negligence Act 1954 a person is given a right to reduced damages in respect of a personal injury, the amount recoverable by the Board under subsection (2) or (3) in respect of that personal injury is reduced in the same proportion.(5) If –the amount recoverable by the Board under subsection (2) or (3) in respect of that personal injury is reduced in the same proportion.(a) the circumstances of a motor accident which resulted in personal injury to a person also create, otherwise than in tort, a liability in another person to pay damages in respect of that injury; and(b) section 4 of the Tortfeasors and Contributory Negligence Act 1954 would have applied so as to reduce the damages payable had that liability arisen in tort –
PART V - Premiums
29. Prohibition on use of motor vehicle without premium cover, &c.
[Section 29 Amended by No. 122 of 1977, s. 13 ][Section 29 Amended by No. 89 of 1995, s. 5 ][Section 29 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ](1) [Section 29 Subsection (1) substituted by No. 40 of 1974, s. 16 ][Section 29 Subsection (1) amended by No. 43 of 1991, s. 6 and Sched. 1 ]No person shall use, or cause or allow any other person to use, a motor vehicle in a public street unless a premium has been paid for its use at the time, and in the circumstances and under the conditions, in which it was so used.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months, or both.(1AA) [Section 29 Subsection (1AA) inserted by No. 95 of 1977, s. 3 ] Subsection (1) does not apply to a trailer of a prescribed kind.(1A) [Section 29 Subsection (1A) inserted by No. 32 of 1975, s. 2 ][Section 29 Subsection (1A) amended by No. 122 of 1977, s. 13 ] Subsection (1) does not apply to a motor vehicle to which section 19 applies.(1B) [Section 29 Subsection (1B) inserted by No. 122 of 1977, s. 13 ]In any proceedings for an offence under subsection (1) the production of a document purporting to be signed by an employee of the Board authorized by it to sign that document certifying whether or not a premium has been paid for the use of a specified vehicle and, if a premium has been paid, particulars of the use in respect of which it was so paid, shall be prima facie evidence of the facts so certified.(1C) [Section 29 Subsection (1C) inserted by No. 90 of 1984, s. 14 ][Section 29 Subsection (1C) amended by No. 89 of 1995, s. 5 ]A person is not guilty of an offence under subsection (1) if he proves to the satisfaction of the court before which he is prosecuted for the offence that at the time the motor vehicle was being used –(a) it was being taken by the most direct route to a motor registry, weighbridge, or such other place as may be required for the purposes of registration of the motor vehicle; and(b) it was necessary that the motor vehicle be driven to a place referred to in paragraph (a) for the purposes of registration –or, in a case where a motor vehicle has not passed an inspection, that it was being driven by the most direct route to –(c) the home of the owner or driver; or(d) the nearest place where it was practicable to carry out repairs for the purposes of registration of the motor vehicle.(2) [Section 29 Subsection (2) amended by No. 96 of 1976, s. 15 and Sched. 2 ] Section 34 of the Traffic Act 1925 applies as if an offence under subsection (1) of this section were an offence against that Act.(3) [Section 29 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 29 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ]Where a motor vehicle is used in a public street by any person that person and the owner of that motor vehicle shall give such information as may be required of him by a police officer or an authorized officer, for the purpose of determining whether the motor vehicle was or was not being used in contravention of this section.Penalty: Fine not exceeding 2 penalty units.(4) For the purposes of this section, an authorized officer means any person authorized by the Transport Commission to act as an authorized officer under the Traffic Act 1925 .(5) This section commences on the appointed day.
30. Premiums for compulsory cover
[Section 30 Amended by No. 89 of 1995, s. 6 ](1) [Section 30 Subsection (1) substituted by No. 40 of 1974, s. 17 ]In accordance with this Part premiums are payable for the use of vehicles, and, subject to this Act, those premiums shall be paid over to the Board.(2) [Section 30 Subsection (2) amended by No. 122 of 1977, s. 14 ][Section 30 Subsection (2) amended by No. 10 of 1986, s. 5 and Sched. 1 ][Section 30 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 30 Subsection (2) substituted by No. 49 of 1997, s. 18, Applied:01 Dec 1997] The Board must set the premiums payable for the use of a motor vehicle.(2A) [Section 30 Subsection (2A) inserted by No. 122 of 1977, s. 14 ][Section 30 Subsection (2A) omitted by No. 49 of 1997, s. 18, Applied:01 Dec 1997] . . . . . . . .(3) [Section 30 Subsection (3) amended by No. 90 of 1984, s. 15 ][Section 30 Subsection (3) substituted by No. 49 of 1997, s. 18, Applied:01 Dec 1997] The premiums may be set by reference to one or more of the following matters:(a) the type or class of the motor vehicle;(b) the conditions to be complied with in relation to the use of the motor vehicle.(4) [Section 30 Subsection (4) substituted by No. 40 of 1974, s. 17 ][Section 30 Subsection (4) substituted by No. 49 of 1997, s. 18, Applied:01 Dec 1997] The conditions referred to in subsection (3) may include one or more of the following conditions:(a) whether the motor vehicle is let for hire, or intended to be let for hire, whether with or without a driver and whether only in Tasmania or in Tasmania and another jurisdiction that is prescribed as a jurisdiction to which section 20 applies;(b) any other purposes for which, or circumstances in which, the motor vehicle is used or intended to be used;(c) any other circumstances pertaining to, or affecting, the motor vehicle, its owner or the person by whom it is used;(d) any other conditions to be complied with in relation to the use of the motor vehicle.(5) [Section 30 Subsection (5) substituted by No. 40 of 1974, s. 17 ][Section 30 Subsection (5) omitted by No. 49 of 1997, s. 18, Applied:01 Dec 1997] . . . . . . . .(6) [Section 30 Subsection (6) omitted by No. 40 of 1974, s. 17 ][Section 30 Subsection (6) added by No. 4 of 1986, s. 4 ][Section 30 Subsection (6) omitted by No. 49 of 1997, s. 18, Applied:01 Dec 1997] . . . . . . . .(7) [Section 30 Subsection (7) omitted by No. 40 of 1974, s. 17 ]. . . . . . . .
31. Special provisions as to premiums during initial five years
(1) Subject to this section any order made under section 30 (2) having effect during any period of 12 months within the period of 5 years commencing on the appointed day shall make provision for each premium prescribed by the order to include an additional amount of $1·50 in addition to the amount that, apart from this section, would otherwise have been prescribed by that order as the amount of that premium.(2) An order referred to in subsection (1) may provide that, in the case of –no such additional amount as is referred to in that subsection shall be included in the premium or an additional amount of less than $1·50 shall be so included.(a) an additional premium referred to in section 30 (5) ;(b) a premium paid to afford cover for a period of less than 12 months; or(c) a premium paid in respect of a motor vehicle registered elsewhere than in this State –(3) The additional amounts paid in pursuance of the foregoing provisions of this section shall, notwithstanding any provision in this Act, be paid by the Board into a separate account (in this section referred to as "the separate account").(4) The sums for the time being standing to the credit of the separate account shall be defrayed by the Board, as prescribed, in the making of payments to insurers within the meaning of Part VII of the Traffic Act 1925 in or towards the reimbursement of any losses incurred by them in the discharge of their liabilities under policies of insurance issued under or for the purposes of that Part of that Act arising out of accidents that occurred after 30th June 1969 and before the appointed day.(5) Regulations made for the purposes of this section shall specify the manner in which the losses referred to in subsection (4) are to be determined, and the amounts paid to individual insurers under that subsection shall be proportional to their losses as so determined.(6) The sums standing to the credit of the separate account that are not required to be defrayed as provided in subsection (4) shall, after the expiration of 5 years from the appointed day, be deemed to form part of the funds of the Board and shall be dealt with as otherwise provided in this Act.
32. Effect of payment of premiums
[Section 32 Substituted by No. 40 of 1974, s. 18 ](1) Where a premium is paid in respect of a motor vehicle that premium is paid for the use of that vehicle during a specified period, and may be so paid for its use only so long as specified conditions are complied with.(2) [Section 32 Subsection (2) amended by No. 49 of 1997, s. 19, Applied:01 Dec 1997] Where a premium has been paid for the use of a vehicle during a period a portion of that premium may, in the manner prescribed, be refunded, and, if that portion is so refunded, a premium shall be deemed not to have been paid for the use of that vehicle for the remainder of that period.(3) [Section 32 Subsection (3) amended by No. 49 of 1997, s. 19, Applied:01 Dec 1997] Where a premium has been paid for the use of a vehicle during a period an additional premium calculated as determined by the Board may, in the manner prescribed, be paid, or a portion of the premium may, as prescribed, be refunded, in respect of a variation during the remainder of the period of the conditions in relation to which the premium was originally paid; and, if an additional premium is so paid, or a portion of the premium is so refunded, the premium paid for the use of that vehicle shall, as respects the remainder of that period, be deemed to have been paid for the use of the motor vehicle so long as the conditions as so varied are complied with.(4) Where a premium is paid for the use of a motor vehicle as a motor vehicle of a particular type or class that premium shall be deemed to have been paid for the use of that motor vehicle only so long as it remains a vehicle of that type or class; and that condition shall be deemed to be a condition that is referred to in the foregoing provisions of this section.(5) Without prejudice to the provisions of subsection (4) , the conditions that may be specified for the purposes of this section are those prescribed for the purposes of section 30 in relation to which the amount of a premium is determined.(6) References in this section to the variation of a condition shall be construed as including references to the removal or addition of a condition, and the substitution of one condition for another.
[Section 33 Substituted by No. 40 of 1974, s. 18 ](1) Subject to this section, premiums shall be paid as prescribed.(2) [Section 33 Subsection (2) amended by No. 89 of 1995, s. 7 ]Regulations under this Act may –(a) prescribe the persons to whom, and the manner in which, premiums may be or are to be paid;(b) prescribe the persons by whom, and the manner in which, any refunds of portions of premiums are to be or may be made; and(c) impose duties on any person accepting a premium in relation to his acceptance of the premium; and(d) provide that if a motor vehicle is unregistered and parked, left standing or used on a public street, the person who was the last registered owner of the vehicle is liable for premiums for a period not exceeding 2 years.(3) Regulations under this section may impose powers and duties on the Transport Commission or any person having power to administer any of the provisions of the Traffic Act 1925 or any person authorized by the Commission to act on its behalf for the purposes of this Act.(4) [Section 33 Subsection (4) amended by No. 32 of 1980, s. 7 ]There shall be recorded as prescribed –(a) [Section 33 Subsection (4) amended by No. 17 of 1996, Applied:15 May 1998] the payment of any premiums and the refund of the portions of any premiums; and(b) [Section 33 Subsection (4) amended by No. 17 of 1996, Applied:15 May 1998] the motor vehicle in respect of which any such payment or refund is made; and(c) [Section 33 Subsection (4) amended by No. 17 of 1996, Applied:15 May 1998] the period for which any such premium is paid and the conditions attaching pursuant to section 32 to the use of the motor vehicle for which the premium is paid; and(d) . . . . . . . .(e) such other particulars with respect to the matters referred to in the foregoing provisions of this section as may be prescribed.(5) Regulations under this Act may prescribe the extent to which any records referred to in subsection (4) or any copies thereof are evidence of the matters appearing therein.(6) Regulations under this Act may provide for the inspection of, and the obtaining of copies of, any of the records made or kept for the purposes of subsection (4) , and for the payment of fees in respect thereof.(7) [Section 33 Subsection (7) added by No. 32 of 1980, s. 7 ]When information required to be recorded under subsection (4) is recorded by the Transport Commission, a certificate for the purposes of section 29 (1B) may be signed by the officer-in-charge of the Transport Commission's records kept pursuant to section 11 of the Traffic Act 1925 and that certificate is, unless the contrary is established, evidence of the matters stated in that certificate.
PART VI - Supplementary Provisions
33A. Determining whether to recover amount paid by Board
[Section 33A Inserted by No. 40 of 1974, s. 18 ][Section 33A Repealed by No. 32 of 1980, s. 8 ][Section 33A Inserted by No. 49 of 1997, s. 20, Applied:01 Dec 1997] In determining whether to exercise a right under Part III or IV to recover from a person an amount paid under that Part, the Board may take into account one or more of the following:(a) whether a failure to pay any premium at all in respect of a motor vehicle or the correct premium for use of a motor vehicle in the circumstances or conditions in which a motor accident occurred was due to reasonable mistake or any other reasonable cause;(b) whether the payment of that amount by that person would be likely to impose substantial hardship on that person or a dependant of that person;(c) any other matter the Board considers relevant.
[Section 34 Substituted by No. 50 of 1994, s. 5 ](1) [Section 34 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]The Governor may make regulations for the purposes of this Act and in relation to the following matters:(a) the classes of persons to whom scheduled benefits may be paid;(b) the matters to be taken into account by the Board in determining whether persons are to be treated as persons within a class of persons to whom scheduled benefits may be paid;(c) the exercise by the Board of its power to enter into an arrangement or agreement of a kind referred to in section 5 .(2) Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.(3) [Section 34 Subsection (3) inserted by No. 49 of 1997, s. 21, Applied:01 Dec 1997] The regulations may authorise any matter to be from time to time determined, applied or regulated by the Board.
(1) See Schedule 3.(2) This section commences on the appointed day.(3) [Section 35 Subsection (3) amended by No. 40 of 1974, s. 19 ]Nothing in this section prejudices or affects any rights or liabilities that have arisen or may arise from an accident occurring before the appointed day, and in relation to any such accident the Acts referred to in subsection (1) shall continue to have effect as if this section had not been enacted.
(1) On and after the appointed day the provisions of Schedule 4 have effect for the purposes of the transition to the provisions of this Act from the law then in force, and the provisions of that Schedule have effect notwithstanding any other provisions of this Act.(2) Notwithstanding the amendments made by the Motor Accidents (Liabilities and Compensation) Amendment Act 1985 , claims arising from accidents which occurred before the day fixed by proclamation under section 2 (2) of that Act are to be dealt with in accordance with Schedule 1 to this Act as in force immediately before that day.(3) The amendment effected by section 5 (1) of the Motor Accidents (Liabilities and Compensation) Amendment Act 1988 applies in respect of a claim for death or bodily injury arising from an accident which occurred before the commencement of that Act and which was not settled, compromised or determined before the commencement of that Act.(4) The amendments made to this Act and the Motor Accidents (Liabilities and Compensation) Regulations 1980 by the Motor Accidents (Liabilities and Compensation) Amendment Act 1991 apply in respect of accidents which occurred on or after the day on which that Act received the Royal Assent.
SCHEDULE 1[Schedule 1 Amended by No. 36 of 1974, s. 12 & Sched. 1 ][Schedule 1 Amended by No. 122 of 1977, s. 15 ][Schedule 1 Amended by No. 44 of 1978, s. 3 ][Schedule 1 Amended by No. 83 of 1979, ss. 3 & 4 ][Schedule 1 Amended by No. 90 of 1984, s. 16 ][Schedule 1 Repealed by No. 45 of 1985, s. 6 ]
SCHEDULE 2 - Provisions as to Permitted Out-Of-State Vehicles[Schedule 2 Amended by No. 16 of 1979, s. 4 ]
1. In this Schedule, references to the motor vehicle shall be construed as references to any motor vehicle to which this Schedule applies and, in relation to such a motor vehicle, the policy means the third party insurance policy by virtue of which this Schedule applies to that motor vehicle, and the insurer means the insurer under that policy.
2.(1) Subject to this paragraph, the Board is not bound to indemnify a person in respect of any liability incurred by him as the person owning or using the motor vehicle.(2) Section 16 has effect in relation to the motor vehicle as if the Board were bound, in accordance with Part III , to indemnify the person owning or using it in respect of liabilities incurred by him, but where the Board has made payments under that section in respect of such a liability the Board may recover the amount of those payments from the insurer under the policy that was in force at the time of the accident giving rise to the liability.(3) Where the damages in respect of which the insurer is bound to indemnify any person are reduced by virtue of section 27 the Board may recover from the insurer as a debt due to it the amount by which those damages are so reduced.
3.(1) Subject to this Schedule, nothing in Part III prejudices or affects the operation of the policy in force in respect of the motor vehicle.(2) Notwithstanding any other law or rule of law to the contrary the insurer under the policy is liable to indemnify –in respect of any liability that the policy purports to cover.(a) the owner for the time being of the motor vehicle;(b) any other person who, at any time during the currency of the policy, and whether with or without the authority or acquiescence of the owner thereof, uses the motor vehicle; and(c) the personal representatives of any such person as is referred to in clause (a) or clause (b) –(3) No condition in the policy that provides –shall have the effect of relieving the insurer of any obligations otherwise imposed by the policy.(a) for the avoidance of any liability thereunder on the ground of misrepresentation or breach of any condition precedent; or(b) that no liability shall arise under the policy, or that any liability so arising shall cease, in the event of any act or omission on the part of any person after an occurrence that would otherwise give rise to that liability –(4) Subject to subparagraph (5) nothing in this paragraph prejudices or affects the right of an insurer –(a) to cancel any policy of insurance in conformity with any condition contained therein; or(b) to recover from the insured, in accordance with any condition in the policy, any moneys which the insurer has been required to pay, and has paid, in pursuance of the policy.(5) Notwithstanding anything in the foregoing provisions of this paragraph, or in the policy of insurance, no cancellation of the policy is of any effect until the expiration of 21 days after notice thereof has been served on the Board and on the insured, either personally or by registered post.
4. Sections 15 , 17 , and 18 apply in relation to the insurer under the policy as they apply in relation to the Board as if the rights and obligations arising under the policy were rights and obligations arising under Part III .
SCHEDULE 3 - Consequential Amendments[Schedule 3 Amended by No. 40 of 1974, s. 20 ]The amendments effected by this Schedule have been incorporated into the authorised version of the following Acts:
(a) Hire-Purchase Act 1959 ;(b) Police Offences Act 1935 ;(c) Traffic Act 1925 .
SCHEDULE 4 - Transitory Provisions
1.(1) Subject to subparagraph (2) , this Schedule applies to the following motor vehicles, that is to say:(a) Any motor vehicle in respect of which there was in force immediately before the appointed day a policy of insurance that complied with the requirements of Part VII of the Traffic Act 1925 ; and(b) Any motor vehicle that, immediately before the appointed day, was in this State and was then exempt from registration therein by virtue of section 10A of the Traffic Act 1925 .(2) A motor vehicle ceases to be a motor vehicle to which this Schedule applies if –(a) being a motor vehicle registered in this State immediately before the appointed day, it ceases to be so registered or its registration is renewed;(b) being a motor vehicle not so registered, it becomes so registered or is removed from the State; or(c) being a motor vehicle referred to in clause (a) of subparagraph (1) , the policy of insurance referred to therein is cancelled, surrendered, or otherwise ceases to have effect; or(d) being a motor vehicle referred to in clause (b) of that subparagraph, it ceases to be exempt from registration as therein mentioned.
2. The Traffic Act 1925 continues to apply in respect of a motor vehicle to which this Schedule applies as if it had not been amended by section 35 and Part III of this Act does not apply to a person as a person owning or using that motor vehicle or in respect of any liability incurred or alleged to have been incurred by him.
3. Where the damages in respect of which an insurer is liable to indemnify any person under a third party insurance policy in force in respect of any motor vehicle to which this section applies are reduced by virtue of section 27 , the Board may recover from that insurer as a debt due to it the amount by which those damages are so reduced.
4. The premiums payable on the first registration or the first renewal of the registration, after the appointed day, of a motor vehicle to which this Schedule applies shall be increased by amounts determined as prescribed by order of the Governor which reference to –(a) the period elapsing between the appointed day and that registration or renewal of registration; and(b) such other matters as are so prescribed.
5. Section 29 (1) does not apply to a motor vehicle to which this Schedule applies.