Government Prices Oversight (MAIB Premiums) Order 2000

Government Prices Oversight (MAIB Premiums) Order 2000

I make the following order under section 36 of the Government Prices Oversight Act 1995 .

P. A. Lennon

Minister for Infrastructure, Energy and Resources

1.   Short title

This order may be cited as the Government Prices Oversight (MAIB Premiums) Order 2000 .

2.   Commencement

This order takes effect 61 days after the day on which its making is notified in the Gazette.

3.   Interpretation

(1)  In this order, unless the contrary intention appears –

Average Weekly Earnings means the Average Weekly Earnings (ABS Catalogue No. 6302.0) published by the Australian Bureau of Statistics;

AWOTE is the dollar figure for full-time adult ordinary time earnings for persons set out in that part of the Average Weekly Earnings under the heading "AVERAGE WEEKLY EARNINGS, Australia: Original";

Board means the Motor Accidents Insurance Board;

class means class specified in Schedule 1 ;

commencement day means the 61st day after the day on which the making of this order is notified in the Gazette;

escalator index means the escalator index calculated in accordance with clause 4 ;

first year means the period of 12 months commencing on the commencement day;

heavy vehicle means a heavy vehicle within the meaning of the Vehicle and Traffic Act 1999 ;

hire and drive vehicle means a vehicle that is registered as a hire and drive vehicle;

pensioner means a person who is in receipt of –

(a) an age pension, a disability support pension, a wife pension, a carer pension, a widow B pension, a widow allowance, a mature age partner allowance, a newstart allowance or a sole parent pension payable under the Social Security Act 1991 of the Commonwealth; or

(b) one of the following pensions under the Veterans' Entitlements Act 1986 of the Commonwealth:

(i) a disability pension;

(ii) a totally and permanently incapacitated pension;

(iii) a war widow or widower's pension;

(iv) a service pension;

(v) a partner's service pension or carer's pension; or

(c) a disability wage supplement payable under the Social Security Act 1991 of the Commonwealth;

public passenger vehicle means a public passenger vehicle within the meaning of the Passenger Transport Act 1997 ;

reduced period means a period of less than 12 months;

registered means registered under the Vehicle and Traffic Act 1999 ;

Registrar means the Registrar of Motor Vehicles;

second year means the period of 12 months commencing at the end of the first year;

severe disability means a permanent disability which, in the Registrar's opinion, prevents a person from using public transport without assistance;

[Clause 3 Subclause (1) amended by S.R. 2001, No. 153, Applied:05 Dec 2001] special interest vehicle means a motor vehicle in respect of which a motor tax rebate applies under regulation 100A of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 ;

third year means the period of 12 months commencing at the end of the second year.

(2)  Unless the contrary intention appears, a term that has a meaning assigned to it in or under the Motor Accidents (Liabilities and Compensation) Act 1973 has the same meaning in this order.

(3)  A reference in this order to a publication includes a reference to –

(a) that publication as amended from time to time; and

(b) a publication published in substitution for that publication.

(4)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if the order were by-laws.

4.   Escalator index

The escalator index for the second year and third year in respect of a motor vehicle of any class is to be calculated in accordance with the following formula:

where –

E is the escalator index for the second year or third year, as the case requires; and

A is the average of the AWOTE for the four quarters ending with the May reference period immediately preceding the second year or third year in respect of which the escalator index is to apply; and

B is the average of the AWOTE for the four quarters immediately preceding the four quarters referred to in the definition of "A".

5.   Maximum annual premium in first year

The maximum premium for a 12 month period that the Board may determine to be payable at any time in the first year in respect of a motor vehicle of any class is the maximum premium specified in Schedule 1 for that class of motor vehicle.

6.   Maximum annual premium in second year

(1)  The maximum premium for a 12 month period that the Board may determine to be payable at any time in the second year in respect of a motor vehicle of any class (other than class 3, 6, 7 or 16) is the product, rounded to the nearest whole dollar, of –

(a) the maximum premium specified in Schedule 1 for that class of motor vehicle; and

(b) the escalator index for the second year.

(2)  The maximum premium for a 12 month period that the Board may determine to be payable at any time in the second year in respect of a motor vehicle of class 3, 6, 7 or 16 is the product, rounded to the nearest whole dollar, of –

(a) the maximum premium specified in Schedule 1 for that class of motor vehicle; and

(b) the escalator index for the second year plus 0.05.

7.   Maximum annual premium in third year

(1)  The maximum premium for a 12 month period that the Board may determine to be payable at any time in the third year in respect of a motor vehicle of any class (other than class 3, 6, 7 or 16) is the product, rounded to the nearest whole dollar, of –

(a) the maximum premium that may be determined to be payable in the second year in respect of that motor vehicle; and

(b) the escalator index for the third year.

(2)  The maximum premium for a 12 month period that the Board may determine to be payable at any time in the third year in respect of a motor vehicle of class 3, 6, 7 or 16 is the product, rounded to the nearest whole dollar, of –

(a) the maximum premium that may be determined to be payable in the second year in respect of that motor vehicle; and

(b) the escalator index for the third year plus 0.05.

8.   Maximum quarterly and half-yearly premiums

(1)  [Clause 8 Subclause (1) amended by S.R. 2001, No. 68, Applied:01 Jul 2001] The maximum premium for a 3 month period that the Board may determine to be payable at any time in a year (in respect of a heavy vehicle registered for such reduced period) is the sum, rounded to the nearest 5 cents, of the following amounts:

(a) [Clause 8 Subclause (1) amended by S.R. 2001, No. 68, Applied:01 Jul 2001] the amount calculated in accordance with the following formula:

(b) 6% of the amount calculated under paragraph (a) .

(2)  [Clause 8 Subclause (2) amended by S.R. 2001, No. 68, Applied:01 Jul 2001] The maximum premium for a 6 month period that the Board may determine to be payable at any time in a year (in respect of a heavy vehicle registered for such reduced period) is the sum, rounded to the nearest 5 cents, of the following amounts:

(a) [Clause 8 Subclause (2) amended by S.R. 2001, No. 68, Applied:01 Jul 2001] the amount calculated in accordance with the following formula:

(b) 3.5% of the amount calculated under paragraph (a) .

(3)  [Clause 8 Subclause (3) amended by S.R. 2001, No. 68, Applied:01 Jul 2001] The maximum premium for a 6 month period that the Board may determine to be payable at any time in a year (in respect of a vehicle, other than a heavy vehicle, registered for such reduced period) is the sum, rounded to the nearest 5 cents, of the following amounts:

(a) [Clause 8 Subclause (3) amended by S.R. 2001, No. 68, Applied:01 Jul 2001] the amount calculated in accordance with the following formula:

(b) 3.5% of the amount calculated under paragraph (a) .

9.   Maximum premium for pensioners, &c.

The maximum premium that the Board may determine to be payable at any time during the first year, second year or third year in respect of a motor vehicle of class 1 or 2 is, if its registered operator is one of the following persons, 80% of the premium that would, but for this clause, be payable in respect of that motor vehicle:

(a) a pensioner;

(b) a person who has a severe disability;

(c) a parent or guardian of a person who has a severe disability and has not attained the age of 16 years.

10.   Expiry of order

This order ceases to have effect at the end of the period of 3 years commencing on the commencement day.

SCHEDULE 1 - Motor vehicle classes and maximum premiums

Clauses 5 , 6 and 7

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 1 October 2000

This order is administered by the Motor Accidents Insurance Board.