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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Compulsory Third Party Insurance Regulation
Bill 2015
A BILL FOR
An Act to establish the CTP Regulator; to define its functions in relation
to the compulsory third party insurance scheme for motor vehicles in the State;
to make related amendments to the
Motor
Accident Commission Act 1992
and the
Motor
Vehicles Act 1959
; and for other purposes.
Contents
Division 1—Establishment,
functions and powers
Division 2—Constitution
of CTP Regulator
8Constitution of CTP Regulator
Division 4—Staff and
resources
Part 3—Collection
and use of information
16Regulator's power to require
information
17Obligation to preserve
confidentiality
20False or misleading information
Schedule 1—Related
amendments and transitional provisions
Part 2—Amendment of Motor Accident
Commission Act 1992
2Amendment of section
3—Interpretation
3Amendment of section 13A—Sufficient level
of solvency
4Amendment of section 14—Functions and
objectives of Commission
5Amendment of section 18—Commission's
charter
6Amendment of section 25—MAC
Fund
7Amendment of section 26—Requirement by
Treasurer for payment from surplus
8Amendment of section 29—Annual
report
9Amendment of section 29B—Prosecution of
offences under Part 4 of Motor Vehicles Act 1959
Part 3—Amendment
of Motor Vehicles Act 1959
10Amendment of section
5—Interpretation
11Amendment of section
99—Interpretation
12Amendment of section
99A—Insurance premium to be paid on applications for
registration
13Amendment of section 101—Approved
insurers
104Requirements if
policy is to comply with this Part
15Amendment of section 116—Claim against
nominal defendant where vehicle uninsured
16Amendment of section 124AA—Limitation of
liability in respect of foreign awards
20Transitional provision—Saving of
existing policies of insurance under Part 4
Part 4—Transitional
provisions
23Transfer of CTP insurance
policies
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Compulsory Third Party Insurance Regulation
Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention appears—
approved insurer means a person or body of persons approved
as an insurer under Part 4 of the Motor Vehicles Act;
CEO means the Chief Executive Officer appointed to the CTP
Regulator under
Part 2
Division 2
, and includes an Acting Chief Executive Officer appointed under that
Part;
CTP insurance means compulsory third party insurance required
under Part 4 of the Motor Vehicles Act;
CTP insurance business means business relating to compulsory
third party insurance required under Part 4 of the Motor Vehicles
Act;
CTP insurance policy means a policy of insurance that
complies with Part 4 of the Motor Vehicles Act;
CTP Regulator or Regulator means the CTP
Regulator established under
Part 2
Division 1
;
designated Act means—
(a) the
Motor
Accident Commission Act 1992
; or
(b) the Motor Vehicles Act; or
(c) any other Act prescribed by the regulations for the purposes of this
definition;
exercise, for a function, includes perform;
insurance business includes—
(a) assurance, additional insurance, coinsurance, or reinsurance;
and
(b) the granting, issuing or entering into of guarantees, sureties or
contracts of indemnity; and
(c) any other activity or transaction—
(i) of a kind generally regarded by the insurance industry as constituting
or forming part of insurance or insurance business; or
(ii) of a kind prescribed by regulation;
Motor Vehicles Act means the
Motor
Vehicles Act 1959
.
(2) Other words and expressions used in this Act have the meaning assigned
to them in section 5, or Part 4, of the Motor Vehicles Act, unless the
context otherwise requires.
Division 1—Establishment,
functions and powers
(1) The CTP Regulator is established.
(2) The Regulator—
(a) is a body corporate with perpetual succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name.
(3) The Regulator is an instrumentality of the Crown and holds its
property on behalf of the Crown.
(4) If a document appears to bear the common seal of the Regulator, it
will be presumed, in the absence of proof to the contrary, that the common seal
of the Regulator was duly affixed to the document.
(1) The CTP Regulator has the following functions:
(a) to regulate approved insurers and perform any other function relating
to approved insurers conferred on the Regulator under the Motor Vehicles
Act;
(b) to determine premium amounts payable in respect of CTP insurance
policies;
(c) to determine the minimum terms and conditions of CTP insurance
policies;
(d) to monitor, audit and review the operation and efficiency of the CTP
insurance business;
(e) to provide, or facilitate the provision of, information to consumers
about the CTP insurance business and approved insurers;
(f) to make, monitor the operation of, and review from time to time, rules
with which approved insurers must comply, and guidelines for approved insurers,
relating to—
(i) the determination of premiums; and
(ii) the management of claims; and
(iii) dispute resolution; and
(iv) the provision of information to consumers; and
(v) any other relevant matter;
(g) to make recommendations to the Minister in relation
to—
(i) eligibility criteria for insurers seeking approval under Part 4
of the Motor Vehicles Act; and
(ii) the terms and conditions of any undertaking, agreement or contract
entered into between the Minister and an approved insurer relating to the
provision of CTP insurance; and
(iii) the assessment of an application from an insurer for approval or
withdrawal of approval under Part 4 of the Motor Vehicles Act;
(h) to approve the novation of CTP insurance policies between approved
insurers;
(i) to regulate such other insurance business as may be prescribed by the
regulations;
(j) to administer this Act;
(k) to exercise any other function conferred on the Regulator by or under
this or any other Act.
(2) The Regulator must publish on its website the rules and guidelines as
made by the Regulator from time to time.
(3) In determining premium amounts, the Regulator may not fix differential
premiums except on the basis of 1 or more of the following:
(a) vehicle type;
(b) vehicle use;
(c) garaging location;
(d) entitlement under the GST law to an input tax credit in respect of
compulsory third party insurance premiums.
(4) The administrative costs and expenses reasonably incurred by the
Regulator in carrying out its functions are recoverable in fair proportions from
all approved insurers, subject to and in accordance with the directions of the
Minister and the Treasurer.
(5) In this section—
Minister means the Minister with responsibility for approving
insurers under Part 4 of the Motor Vehicles Act.
The CTP Regulator has all the powers of a natural person and, in
particular, may—
(a) enter into any form of contract or arrangement; and
(b) engage experts and consultants; and
(c) acquire, hold, deal with or dispose of real or personal property;
and
(d) establish and operate ADI accounts and invest money; and
(e) do anything necessary or convenient to be done in the exercise of its
functions.
Except as provided under this or any other Act, the CTP Regulator is not
subject to Ministerial direction in the exercise of its functions or
powers.
Division 2—Constitution
of CTP Regulator
8—Constitution
of CTP Regulator
(1) The CTP Regulator will be constituted of the Chief Executive Officer
(CEO) of the Regulator.
(2) The CEO will be appointed by the Governor, on the recommendation of
the Minister, on terms and conditions determined by the Governor.
(3) The CEO is a senior official for the purposes of the
Public
Sector (Honesty and Accountability) Act 1995
.
(1) If the CEO is temporarily absent or unable to perform official
functions, the Minister may appoint an Acting Chief Executive Officer
(Acting CEO) to act in the office of the CEO and a person so
appointed has, while so acting, all the functions and powers of the
CEO.
(2) The terms and conditions of appointment of an Acting CEO will be as
determined by the Minister.
(3) The Acting CEO is a senior official for the purposes of the
Public
Sector (Honesty and Accountability) Act 1995
.
(1) The CEO will be appointed for a term, not exceeding 5 years,
specified in the instrument of appointment and, at the expiration of a term of
appointment, will be eligible for reappointment.
(2) The Governor
may remove the CEO from office—
(a) for misconduct; or
(b) for failure or incapacity to carry out the duties of his or her office
satisfactorily; or
(c) if serious irregularities have occurred in the conduct of the
Regulator's affairs.
(3) The office of the CEO becomes vacant if the CEO—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence; or
(e) is removed from office under
subsection (2)
.
(1) The functions
of the CEO include—
(a) being the chief executive officer of the CTP Regulator; and
(b) exercising the functions of the Regulator conferred on the Regulator
or the CEO under this or any other Act; and
(c) otherwise acting on behalf of the Regulator in appropriate
cases.
(2) An act of the CEO will be taken to be an act of the
Regulator.
(3) Except as provided under this or any other Act, the CEO is not subject
to direction in the exercise of his or her functions or powers.
An act of the CTP Regulator is not invalid by reason only of a defect in
the appointment of the CEO (or Acting CEO).
(1) The CEO may, by instrument in writing, delegate any of the CTP
Regulator's or CEO's functions or powers under this or any other Act.
(2) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(3) A delegation—
(a) may be made subject to conditions and limitations specified in the
instrument of delegation; and
(b) is revocable at will and does not derogate from the power of the
delegator to act in any matter.
(1) The CEO, an Acting CEO or a delegate must inform the Minister in
writing of—
(a) any direct or indirect interest that the person has or acquires in any
business, or in any body corporate carrying on business, in Australia or
elsewhere; or
(b) any other direct or indirect interest that the person has or acquires
that conflicts or may conflict with the person's functions.
(2) The CEO, Acting CEO or delegate must take steps to resolve a conflict
or possible conflict between a direct or indirect interest and the person's
functions in relation to a particular matter, and, unless the conflict is
resolved to the Minister's satisfaction, the person is disqualified from acting
in relation to the matter.
(3) A failure to comply with this section does not affect the validity of
an act or decision of the CEO, Acting CEO or delegate.
(4) Section 8 of the
Public
Sector (Honesty and Accountability) Act 1995
does not apply to the CEO or an Acting CEO.
Division 4—Staff
and resources
(1) The CTP Regulator may engage persons to be members of its staff on
terms and conditions determined by the Regulator.
(2) The Regulator may—
(a) by arrangement with the appropriate authority, make use of the
services, facilities or staff of a government department, agency or
instrumentality; or
(b) with the approval of the Minister, make use of the services,
facilities or staff of any other entity.
(3) The CEO is responsible for managing the staff and resources of the
Regulator.
Part 3—Collection
and use of information
16—Regulator's
power to require information
(1) The CTP Regulator may, by written notice, require a person to give to
the Regulator, within a time and in a manner stated in the notice (which must be
reasonable), information in the person's possession that the Regulator
reasonably requires for the performance of the Regulator's functions, including
(for example) such evidence of the person's financial position and capacity to
meet existing and future liabilities under CTP insurance policies as may be
required in the notice.
(2) A person must comply with a requirement under this section.
Maximum penalty: $20 000 or imprisonment for 2 years.
(3) A person cannot be compelled to give information under this section if
the information might tend to incriminate the person of an offence.
17—Obligation
to preserve confidentiality
(1) Information
gained under this Part that—
(a) could affect the competitive position of an insurer or other person;
or
(b) is commercially sensitive for some other reason,
is, for the purposes of this Act, confidential information and a person
performing a function under this Act or a designated Act is guilty of an offence
if the person discloses such information otherwise than as authorised under this
section.
Maximum penalty: $20 000 or imprisonment for 2 years.
(2) Confidential
information may be disclosed if—
(a) the disclosure is made to another who is also performing a function
under this Act or a designated Act; or
(b) the disclosure is made with the consent of the person who gave the
information or to whom the information relates; or
(c) the disclosure is authorised or required under any other Act or law;
or
(d) the disclosure is authorised or required by a court or tribunal
constituted by law; or
(e) the disclosure is authorised by regulation.
(3) The CTP Regulator may disclose confidential information if the
Regulator is of the opinion that the public benefit in making the disclosure
outweighs any detriment that might be suffered by a person in consequence of the
disclosure.
(4) If a person, when giving information to the Regulator in response to a
requirement of the Regulator under this Part, claims that the information is
confidential information, the Regulator must, before disclosing the information
otherwise than as referred to in
subsection (2)
, give the person written notice of the proposed disclosure and the reasons
for the disclosure.
(5) A person performing a function under this Act or a designated Act must
not use confidential information for the purpose of securing a private benefit
for himself or herself or for some other person.
Maximum penalty: $20 000 or imprisonment for 2 years.
(6) Information classified by the Regulator as being confidential under
subsection (1)
is not liable to disclosure under the
Freedom
of Information Act 1991
.
The CTP Regulator may require a person who is required by or under this Act
to give information to the Regulator to verify the information to be given by
statutory declaration and, in that event, the person will not be taken to have
given the information as required unless it has been verified in accordance with
the requirements of the Regulator.
(1) The CTP Regulator must, on or before 30 September in each year,
deliver to the Minister a report on the operations of the Regulator during the
preceding financial year.
(2) The Minister must cause a copy of the report to be laid before both
Houses of Parliament within 12 sitting days after receipt of the
report.
20—False
or misleading information
A person must not—
(a) provide to the CTP Regulator or any other person who is performing or
exercising a function or power under this Act information that the person knows
is false or misleading in a material particular; or
(b) refuse or fail to include in information provided to a person who is
performing or exercising a function or power under this Act other information
without which the information provided is, to the knowledge of the person, false
or misleading in a material particular.
Maximum penalty: $20 000 or imprisonment for 2 years.
(1) A notice or
other document required or authorised to be given to or served on a person under
this Act may be given or served—
(a) by delivering it personally to the person or an agent of the person;
or
(b) by leaving it for the person at the person's place of residence or
business with someone apparently over the age of 16 years; or
(c) by posting it to the person or agent of the person at the person's or
agent's last known place of residence or business.
(2) Without limiting the effect of
subsection (1)
, a notice or other document required or authorised to be given to or
served on a person may be given to or served on the person in accordance with
the Corporations Act 2001 of the Commonwealth (if applicable to the
person).
(1) The Governor
may make such regulations as are contemplated by, or necessary or expedient for
the purposes of, this Act.
(2) Without
limiting the generality of
subsection (1)
, the regulations may—
(a) require the keeping of records, statistics or other information;
and
(b) require the provision of reports, statements, documents or other forms
of information to the CTP Regulator; and
(c) require the giving of notice to the Regulator at specified intervals,
or on the occurrence of any specified event; and
(d) specify any procedure associated with any process under this Act or
the Motor Vehicles Act; and
(e) impose penalties, not exceeding $10 000, for a contravention of,
or failure to comply with, a regulation; and
(f) prescribe
saving or transitional provisions in connection with the enactment or operation
of this Act.
(3) A regulation may—
(a) refer to or incorporate, wholly or partially and with or without
modification, a document prepared or published by a specified body, either as in
force at the time the regulation is made or as in force from time to time;
and
(b) be of general or limited application; and
(c) make different provision according to the persons or circumstances to
which it is expressed to apply; and
(d) provide that a matter is to be determined according to the discretion
of the Minister or the Regulator.
(4) A provision of
a regulation made under
subsection (2)(f)
may, if the regulation so provides, take effect from the commencement of
this Act or from a later day.
(5) To the extent to which a provision takes effect under
subsection (4)
from a day earlier than the day of the regulation's publication in the
Gazette, the provision does not operate to the disadvantage of a person
by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
Schedule 1—Related
amendments and transitional provisions
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Motor Accident
Commission Act 1992
2—Amendment
of section 3—Interpretation
(1) Section 3, definition of Compulsory Third Party
Fund—delete the definition
(2) Section 3—after the definition of insurance
business insert:
MAC Fund means the Fund continued in existence under
Part 4.
3—Amendment
of section 13A—Sufficient level of solvency
Section 13A—delete "Compulsory Third Party Fund" and
substitute:
MAC Fund
4—Amendment
of section 14—Functions and objectives of Commission
(1) Section 14(1)(a)—delete paragraph (a) and substitute:
(a) to carry on any residual insurance business arising from its
operations as the sole approved insurer under Part 4 of the
Motor
Vehicles Act 1959
(but only until it divests itself of that business or winds up that
business, whichever occurs earlier);
(2) Section 14(1)(b)—delete "Compulsory Third Party Fund" and
substitute:
MAC Fund
(3) Section 14(3)—delete subsection (3)
5—Amendment
of section 18—Commission's charter
Section 18(2)(a)(i)—delete "Compulsory Third Party Fund" and
substitute:
MAC Fund
6—Amendment
of section 25—MAC Fund
(1) Section 25(1), (3) and (3a)—delete subsections (1), (3) and (3a)
and substitute:
(1) The special fund for compulsory third party insurance formerly
established by the Commission continues in existence as the MAC Fund.
(2) The Commission must seek to achieve and maintain a sufficient level of
solvency in the Fund at all times while the Commission is carrying on any
residual compulsory third party insurance business arising from its operations
as the sole approved insurer under Part 4 of the
Motor
Vehicles Act 1959
.
(2) Section 25(4)(a)—delete paragraph (a) and substitute:
(a) the income derived by the Commission during the period the Commission
was the sole approved insurer for compulsory third party insurance business;
and
(3) Section 5(c)—after "its" insert:
residual
(4) Section 25(5)(e)—delete paragraph (e)
(5) Section 25—after subsection (8) insert:
(9) For the avoidance of doubt, after the commencement of this subsection,
a reference in an Act, instrument, contract, agreement or other document to the
Compulsory Third Party Fund will (where the context so admits) have effect as if
it were a reference to the MAC Fund.
7—Amendment
of section 26—Requirement by Treasurer for payment from
surplus
Section 26—delete "Compulsory Third Party Fund" and
substitute:
MAC Fund
8—Amendment
of section 29—Annual report
Section 29(2)(f)—delete "Compulsory Third Party Fund" and
substitute:
MAC Fund
9—Amendment
of section 29B—Prosecution of offences under Part 4 of
Motor Vehicles
Act 1959
Section 29B(1)—delete subsection (1) and substitute:
(1) The Commission may, with the approval of the Minister responsible for
the administration of Part 4 of the
Motor
Vehicles Act 1959
, commence proceedings for an offence against Part 4 of that
Act.
Part 3—Amendment of Motor Vehicles
Act 1959
10—Amendment
of section 5—Interpretation
(1) Section 5(1)—after the definition of CPI
insert:
CTP Regulator or Regulator means the CTP
Regulator established under the
Compulsory
Third Party Insurance Regulation Act 2015
;
(2) Section 5(1)—after the definition of high powered
vehicle insert:
insurance premium or premium, in relation to a
motor vehicle, means the premium appropriate to the motor vehicle for a policy
of insurance under Part 4, as determined by the CTP Regulator from time to
time, and includes any money that the Registrar is required to retain under
section 99A(14);
(3) Section 5(1), definition of premium—delete the
definition
11—Amendment
of section 99—Interpretation
(1) Section 99(1)—delete "and in Schedule 4"
(2) Section 99(1), definition of the insurance premium
committee—delete the definition
(3) Section 99(1)—after the definition of terrorist
act insert:
transitional period has the same meaning as in
Schedule 1 Part 4 of the
Compulsory
Third Party Insurance Regulation Act 2015
.
(4) Section 99(3), (3a) and (4)—delete "and Schedule 4" wherever
occurring
12—Amendment
of section 99A—Insurance premium to be paid on applications for
registration
(1) Section 99A(1)—delete "of Schedule 4" and substitute:
determined by the CTP Regulator
(2) Section 99A(2)—delete subsection (2) and substitute:
(2) The approved insurer for a motor vehicle in respect of which an
application for registration is made will be—
(a) in the case of an application made during the transitional
period—the approved insurer selected by the CTP Regulator in accordance
with a scheme determined by the Minister; or
(b) in any other case—the approved insurer selected by the applicant
for registration.
(3) Section 99A(2a)(b)—delete paragraph (b) and
substitute:
(b) without limiting subsection (3), the approved insurer for the
motor vehicle will be taken to be—
(i) in the case of an application for registration made during the
transitional period—the approved insurer selected by the CTP Regulator in
accordance with a scheme determined by the Minister; or
(ii) in any other case—the approved insurer selected by the person
to be the insurer in his or her most recent application for registration of the
vehicle.
(4) Section 99A(3)—delete "Registrar" and substitute:
CTP Regulator
(5) Section 99A(4)—delete "Registrar" first occurring and
substitute:
CTP Regulator
(6) Section 99A(4)—delete "Registrar" second occurring and
substitute:
Regulator
(7) Section 99A(8)—delete "of Schedule 4" and substitute:
determined by the CTP Regulator
(8) Section 99A(9)—delete subsection (9) and substitute:
(9) Subject to
subsection (9a)
, the insurer under the policy of insurance relating to a motor vehicle
is—
(a) the approved
insurer selected under the provisions of this section in respect of that motor
vehicle; or
(b) if the insurer referred to in
paragraph (a)
, with the approval of the CTP Regulator and the consent of the registered
owner of the motor vehicle, novates or assigns the policy of insurance to
another approved insurer—that other approved insurer.
(9a) If, during the
transitional period, a policy of insurance relating to a motor vehicle is
transferred from 1 approved insurer to another approved insurer by the CTP
Regulator in accordance with a scheme determined by the Minister, the approved
insurer to whom the policy of insurance is transferred becomes the insurer under
the policy of insurance relating to that motor vehicle.
(9) Section
99A(14)—delete subsection (14) and substitute:
(14) The Registrar must
retain out of the amounts collected by the Registrar under this section a sum of
money determined by the CTP Regulator as costs associated with compulsory third
party insurance.
(15) The costs determined by the CTP Regulator under
subsection (14)
must include an amount to cover the costs reasonably incurred by the
Registrar in connection with the administration of the compulsory third party
insurance scheme.
13—Amendment
of section 101—Approved insurers
(1) Section 101(1), (1a), (1b) and (2)—delete subsections (1) to (2)
inclusive and substitute:
(1) Subject to this section, any person or body (whether incorporated or
unincorporated) that carries on, or intends to carry on, the business of
insurance in this State, may apply to the Minister for approval as an insurer
under this Part.
(2) During the transitional period, an application for approval as an
insurer under this Part may only be made on an invitation by the
Minister.
(2a) The Minister may, during the transitional period, invite interested
persons and bodies to apply for approval in accordance with
subsection (2b)
.
(2b) An application for
approval as an insurer under this Part must—
(a) be made in a manner and form approved by the CTP Regulator;
and
(b) be lodged with the Regulator; and
(c) be referred by the Regulator to the Minister, together with any
recommendations of the Regulator to the Minister in relation to the
application.
(2c) The Minister may, after considering any recommendations made by the
CTP Regulator in relation to an application for approval, grant or refuse the
application.
(2) Section 101(3)(b)—delete "1 July 1998 or" and "(whichever is the
later)"
(3) Section 101(5)—delete subsection (5) and substitute:
(5) An approved insurer may, on or before 1 April in any year, apply
to the Minister for the withdrawal of approval under this Part.
(5a) An application for the withdrawal of approval under this Part
must—
(a) be made in a manner and form approved by the CTP Regulator;
and
(b) be lodged with the Regulator; and
(c) be referred by the Regulator to the Minister, together with any
recommendations of the Regulator to the Minister in relation to the
application.
(5b) The Minister may, after considering any recommendations made by the
CTP Regulator in relation to an application for the withdrawal of approval under
this Part, grant the application with effect from 1 July following the
making of the application.
(4) Section 101(6)—delete subsection (6) and substitute:
(6) If—
(a) an application for approval or withdrawal of approval under this Part
is made other than in conformity with the limitations of time stipulated in this
section; and
(b) the Minister, after considering any recommendations made by the CTP
Regulator in relation to the application, is satisfied that there are special
circumstances justified in doing so,
the Minister may grant the application with effect as from a date
determined by the Minister.
(5) Section 101(8)(c)—delete paragraph (c) and substitute:
(c) the Minister, after considering—
(i) evidence furnished by an approved insurer in compliance with a
requirement under subsection (7); and
(ii) any recommendations made by the CTP Regulator in relation to the
matter,
is not satisfied that the approved insurer has sufficient financial
resources to continue properly to carry on business as an approved
insurer,
14—Substitution
of section 104
Section 104—delete the section and substitute:
104—Requirements if policy is to comply with this
Part
(1) In order to comply with this Part, a policy of insurance
must—
(a) insure the owner of the motor vehicle to which the policy relates, and
any other person who at any time drives or is a passenger in or on the vehicle,
whether with or without the consent of the owner, in respect of all liability
that may be incurred by the owner or other person in respect of the death of, or
bodily injury to, any person caused by, or arising out of the use of, the
vehicle in any part of the Commonwealth; and
(b) be in the terms, and contain the conditions and warranties, determined
by the CTP Regulator from time to time.
(2) However, a policy of insurance complies with this Part even though it
does not extend to liability arising from the death of, or bodily injury to, a
participant in a road race caused by the act or omission of another participant
in the road race.
15—Amendment
of section 116—Claim against nominal defendant where vehicle
uninsured
Section 116(1), definition of uninsured motor
vehicle—delete the definition and substitute:
uninsured motor vehicle means a motor vehicle in relation to
which no policy of insurance as required by this Part is in force, but does not
include—
(a) a prescribed agricultural machine (within the meaning of
section 12) in relation to which there is in force a policy of public
liability insurance referred to in section 12(2b); or
(b) a motor vehicle in relation to which there is in force a policy of
public liability insurance referred to in section 12B(2); or
(c) a motor vehicle of a kind exempted by the regulations from insurance
under this Part in relation to which there is in force a policy of insurance as
required by the regulations; or
(d) a motor vehicle in relation to which there is in force a policy of
insurance—
(i) that complies with the law of some other State or Territory of the
Commonwealth; and
(ii) under which the owner and driver of the motor vehicle are insured
against liability that might be incurred by either or both of them in respect of
the death of, or bodily injury to, any person caused by, or arising out of the
use of, the motor vehicle in this State.
16—Amendment
of section 124AA—Limitation of liability in respect of foreign
awards
Section 124AA(2)—delete "under Schedule 4" and substitute:
under this Part
Section 129—delete the section
Section 134A—delete the section
Schedule 4—delete the Schedule
20—Transitional
provision—Saving of existing policies of insurance under Part
4
A policy of insurance under Part 4 in force immediately before the
commencement of this section will, after that commencement, continue in force,
until its expiry or cancellation, as a policy under that Part subject to the
terms, conditions, warranties and exclusions set out in the table
below.
1 |
The insurer insures the owner of the motor vehicle and any other person who
at any time drives or is a passenger in or on the vehicle, whether with or
without the consent of the owner, in respect of all liability that may be
incurred by the owner or other person in respect of the death of, or bodily
injury to, any person caused by or arising out of the use of the vehicle in any
part of the Commonwealth. |
2 |
A person so insured warrants that he or she will not— (a) drive the vehicle, or do or omit to do anything in relation to the
vehicle, with the intention of causing the death of, or bodily injury to, a
person or damage to another's property or with reckless indifference as to
whether such death, bodily injury or damage results; or (b) drive the vehicle while so much under the influence of intoxicating
liquor or a drug as to be incapable of exercising effective control of the
vehicle; or (c) drive the vehicle while there is present in his or her blood a
concentration of .1 grams or more of alcohol in 100 millilitres of
blood; or (d) drive the vehicle while not duly licensed or otherwise permitted by
law to drive the motor vehicle; or (e) drive the vehicle while the vehicle is overloaded, or in an unsafe,
unroadworthy or damaged condition; or (f) use the vehicle otherwise than— (i) for purposes stated in the application for registration, renewal of
registration, exemption from registration or a permit, in respect of the
vehicle; or (ii) if trade plates are affixed to the vehicle—for purposes stated
in the application for the issuing of those plates; or (iii) for purposes agreed on between the insurer and the registered owner
of the vehicle; or (g) if the person is the driver of the vehicle when it is involved in an
accident in which a person is killed or injured—commit an offence against
section 43 of the
Road
Traffic Act 1961 |
. |
|
3 |
The owner of the vehicle warrants that no other person will, with his or
her knowledge or consent (which will be presumed in any proceedings in the
absence of proof to the contrary), drive or use the vehicle, or do or omit to do
anything in relation to the vehicle, contrary to any of the paragraphs of
clause 2. |
4 |
This policy of insurance does not extend to liability arising from death
of, or bodily injury to, a participant in a road race caused by the act or
omission of another participant in the road race. |
Part 4—Transitional
provisions
In this Part—
commencement day means the day on which this Part comes into
operation;
declared day means the day declared by proclamation to be the
day on which the transitional period ends;
Minister means the Minister with responsibility for approving
insurers under Part 4 of the Motor Vehicles Act;
transitional period means the period commencing on the
commencement day and ending on the declared day.
During the transitional period, the CTP Regulator is subject to the
directions of the Minister as to the exercise of the following of the
Regulator's functions:
(a) determining premium amounts payable in respect of CTP insurance
policies;
(b) determining the minimum terms and conditions of CTP insurance
policies;
(c) making, monitoring the operation of, and reviewing from time to time,
rules with which approved insurers must comply, and guidelines for approved
insurers, in relation to—
(i) the determination of premiums; and
(ii) the management of claims; and
(iii) dispute resolution; and
(iv) the provision of information to consumers; and
(v) any other relevant matter.
23—Transfer
of CTP insurance policies
(1) On the commencement day, a CTP insurance policy in existence under
Part 4 of the Motor Vehicles Act will, by force of this subclause, be
transferred from the Motor Accident Commission to an approved insurer in
accordance with a scheme determined by the Minister.
(2) During the transitional period, the CTP Regulator may transfer a CTP
insurance policy relating to a motor vehicle from 1 approved insurer to
another approved insurer in accordance with a scheme determined by the Minister
(in which case, the approved insurer to whom the policy of insurance is
transferred becomes the insurer under the policy of insurance relating to that
motor vehicle).