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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Motor Vehicle (Third Party Insurance)
Amendment Bill 2005
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3F inserted 2
5. Section 3G inserted 3
6. Section 3T amended 4
7. Section 12 amended 5
040--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Motor Vehicle (Third Party Insurance)
Amendment Bill 2005
A Bill for
An Act to amend the Motor Vehicle (Third Party Insurance) Act 1943.
The Parliament of Western Australia enacts as follows:
1. Short title
This is the Motor Vehicle (Third Party Insurance) Amendment
Act 2005.
page 1
Motor Vehicle (Third Party Insurance) Amendment Bill 2005
s. 2
2. Commencement
(1) Subject to subsection (2), this Act comes into operation on the
day on which it receives the Royal Assent.
(2) Section 5 comes into operation on a day fixed by proclamation.
5 3. The Act amended
The amendments in this Act are to the Motor Vehicle (Third
Party Insurance) Act 1943*.
[* Reprinted as at 20 November 1998.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2004, Table 1, p. 299 .]
4. Section 3F inserted
After section 3E the following section is inserted --
"
3F. Restriction on damages for loss relating to earning
15 capacity
(1) Subsection (4) applies to the awarding of damages in
respect of bodily injury to a person directly caused by,
or by the driving of, a motor vehicle.
(2) Subsection (4) does not apply to causes of action
20 arising before the commencement of section 4 of the
Motor Vehicle (Third Party Insurance) Amendment
Act 2005.
(3) If subsection (4) applies a court is not to award
damages to a person contrary to that subsection.
25 (4) In assessing the amount of --
(a) past economic loss due to the deprivation or
impairment of earning capacity; or
page 2
Motor Vehicle (Third Party Insurance) Amendment Bill 2005
s. 5
(b) future economic loss due to the deprivation or
impairment of prospective earning capacity,
for the purpose of the awarding of damages, earning
capacity is to be disregarded to the extent that it would
5 have exceeded a capacity to earn 3 times the average
weekly earnings at the date of the award.
(5) For the purpose of subsection (4), the average weekly
earnings at the date of the award is --
(a) the amount estimated by the Australian
10 Statistician as the average weekly total earnings
of full-time adult employees in Western
Australia for the quarter ending most recently
before the date of the award for which such an
amount has been estimated by the Australian
15 Statistician and is, at that date, available to the
court making the award; or
(b) if the Australian Statistician fails or ceases to
make the estimate referred to in paragraph (a),
the amount fixed by, or determined in
20 accordance with, the regulations.
".
5. Section 3G inserted
Before section 3Q the following section is inserted --
"
25 3G. Liability of employers
(1) This section has effect if the death of or bodily injury
to a person is directly caused by, or by the driving of, a
motor vehicle in circumstances giving rise to the owner
of the motor vehicle being liable to pay compensation
30 under the Workers' Compensation and Injury
Management Act 1981 in respect of that death or bodily
page 3
Motor Vehicle (Third Party Insurance) Amendment Bill 2005
s. 6
injury or which would have given rise to liability of
that kind but for section 22 of that Act.
(2) If this section has effect, neither this Act nor a contract
of insurance under this Act apply in respect of liability
5 for negligence which may be incurred by the owner in
respect of the death or bodily injury other than liability
for the negligent driving of the motor vehicle.
(3) In subsection (2) --
"owner" includes any person for whose negligence the
10 owner is legally responsible.
".
6. Section 3T amended
(1) Section 3T(1) is repealed and the following subsection is
inserted instead --
15 "
(1) At least once in each financial year, the Commission is
to make an assessment of the extent to which the
premium income of the Commission as estimated on
the basis of existing scales of premiums, together with
20 other income expected to be received under and for the
purposes of this Act by the Commission, will be
sufficient to meet claims, costs and other expenses
anticipated to arise or be incurred under this Act.
".
25 (2) Section 3T(3) is amended by deleting "scales or" and inserting
instead --
" scales of ".
page 4
Motor Vehicle (Third Party Insurance) Amendment Bill 2005
s. 7
7. Section 12 amended
Section 12(6) is amended by deleting "out of the use of which
the death or bodily injury arose" and inserting instead --
"
5 which, or the driving of which, directly caused the
death or bodily injury
".
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