ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - made under the Road Transport (Third-Party Insurance) Act 2008 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of regulation 3. Dictionary 4. Notes 5. Offences against regulation--application of Criminal Code etc PART 2--INSURANCE INDUSTRY DEED 6. What must be included in an insurance industry PART 3--CTP PREMIUMS 7. Meaning of annual CTP premium 8. Meaning of CTP premium class 9. Licensed insurers to have annual CTP premium approved for CTP premium 10. CTP premium if vehicle or plate in multiple classes 11. CTP premiums for policies for less than 1 year 12. Additional CTP premium payable if change in construction or use of PART 4--COMPULSORY THIRD-PARTY INSURANCE 14. Circumstances in which motor vehicle has sufficient connection with PART 5--EARLY PAYMENT FOR TREATMENT OF MOTOR ACCIDENT INJURIES 19. Insurer payment of medical expenses--accounting PART 6--MOTOR ACCIDENT CLAIMS 20. Information for notice of 21. Time for adding later 22. Time for giving notice of addition of later 23. Time for adding contributor--Act, s 93 (1) 24. Time for giving copy of contribution notice--Act, s 93 (5) 25. Consultation for composition of panel of recognised 26. Accounts for payment of person's medical 27. Costs--mandatory final offer accepted--Act, s 144 (2) 28. Costs--small awards of 29. Costs--small awards of 30. Costs--small awards of 30A. Collections for nominal defendant fund--prescribed 30B. Collections for nominal defendant 30C. Collections for nominal defendant fund--collection 30D. Offence--failure to pay PART 7--LICENSING OF INSURERS 31. Application requirements--Act, s 182 (2) PART 8--INFORMATION COLLECTION AND SECRECY 32. Monthly returns to be provided by licensed 33. Returns to be provided by licensed insurers--Act, s 269 (1) (a) 34. Monthly returns and returns--respondent's claim 35. Information to be provided by licensed insurers--Act, s 269 (1) (c) SCHEDULE 1 DICTIONARY ENDNOTES ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 1 Name of regulation This regulation is the Road Transport (Third-Party Insurance) Regulation 2008. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition 'tax invoice--see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), dictionary.' means that the term 'tax invoice' is defined in that dictionary and the definition applies to this regulation. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 5 Offences against regulation--application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 6 What must be included in an insurance industry deed--Act, s 10 (2) (1) The CTP regulator must approve the required content for an insurance industry deed. (2) An approval is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (3) An insurance industry deed must be substantially in accordance with the content approved under this section. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 7 Meaning of annual CTP premium In this part: annual CTP premium, for a CTP policy, means the premium payable for insurance under the CTP policy for 1 year. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 8 Meaning of CTP premium class In this part: CTP premium class means a class mentioned in an item in schedule 1, part 1.2, comprising-- (a) a kind of motor vehicle or trader's plate mentioned in column 2 for the item; and (b) a case (if any) mentioned in column 3 for the item; and (c) a use mentioned in column 4 for the item. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 9 Licensed insurers to have annual CTP premium approved for CTP premium classes A licensed insurer must have an annual CTP premium approved by the CTP regulator under the Act, division 2.6.1 (Approval of CTP premiums), for each CTP premium class. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 10 CTP premium if vehicle or plate in multiple classes (1) This section applies if a motor vehicle or trader's plate fits into 2 or more CTP premium classes. (2) The maximum CTP premium payable for a CTP policy for the vehicle or plate is the higher of the maximum premiums that apply to the vehicle or plate. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 11 CTP premiums for policies for less than 1 year (1) This section applies if a person-- (a) registers a motor vehicle for less than 1 year; or (b) renews the registration of a motor vehicle for less than 1 year; or (c) is issued with a trader's plate for less than 1 year. Note A CTP premium for a CTP policy must be paid when-- (a) registering a vehicle (see Act, s 28); and (b) renewing the registration of a vehicle (see Act, s 29); and (c) when applying for a trader's plate (see Act, s 30). (2) The maximum CTP premium payable for a CTP policy for the vehicle or plate must be worked out in accordance with the CTP premium guidelines. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 12 Additional CTP premium payable if change in construction or use of vehicle (1) This section applies if-- (a) a CTP premium (the original premium) has been paid for a CTP policy for a motor vehicle; and (b) a change is made in the construction or use of the motor vehicle; and (c) because of the change, a higher CTP premium than the original premium would be payable if a new CTP policy were issued for the motor vehicle. (2) The owner of the motor vehicle is liable to pay an additional CTP premium, starting on the day the change happens, worked out in accordance with the CTP premium guidelines. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 14 Circumstances in which motor vehicle has sufficient connection with ACT--Act, s 61 (5) For the Act, section 61 (1) (b) (i), a motor vehicle has sufficient connection with the ACT if-- (a) the motor vehicle is usually used and garaged in the ACT; or (b) the motor vehicle is usually used for a business that has its principal place of business in the ACT; or (c) the motor vehicle is in the ACT at the time of the motor accident and there is no place outside the ACT where a claim in relation to personal injury could be made against a nominal defendant in relation to the motor accident. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 19 Insurer payment of medical expenses--accounting requirements--Act, s 73 (2) (1) For the Act, section 73 (2) (What kinds of expenses must be paid by insurer?)-- (a) an account must include the following details: (i) when the medical expenses were incurred; (ii) when the account was issued; (iii) the amount of the medical expenses; (iv) the name and address of the medical provider for the account; (v) the goods or services obtained for the medical expenses; and (b) a receipt must be a tax invoice. (2) For the Act, section 73 (2), an insurer must verify an account or receipt by-- (a) being satisfied of the accuracy of the account or receipt; or (b) asking the medical provider for the account or receipt to state whether the information in the account or receipt is accurate. (3) In this section: "medical provider", for an account or receipt for medical expenses, means the person to whom payment for the medical expenses was, or is to be, made. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 20 Information for notice of claim--Act, s 84 (2) (a) The notice of claim must contain a statement to the effect that the claimant intends to proceed with the claim. Note For other provisions about forms, see the Legislation Act, s 255. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 21 Time for adding later respondent--Act, s 91 (2) (a) The claimant may only add a later respondent not later than 28 days after the day the notice of claim is first given to a respondent. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 22 Time for giving notice of addition of later respondents--Act, s 91 (5) (b) If the claimant adds a later respondent, the claimant must tell each other respondent of the addition not later than 28 days after the day the notice of claim is given to the later respondent. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 23 Time for adding contributor--Act, s 93 (1) A respondent who receives a complying notice of claim may add someone else as a contributor not later than 28 days after the day the respondent receives the complying notice of claim. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 24 Time for giving copy of contribution notice--Act, s 93 (5) A respondent who adds a contributor must give a copy of the contribution notice to each other party not later than 28 days after the day the contribution notice is given to the contributor. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 25 Consultation for composition of panel of recognised experts--Act, s 117 (2) (a) (1) The CTP regulator must consult with each of the following professional bodies: (a) the ACT Branch of the Australian Medical Association; (b) the Australasian College for Emergency Medicine; (c) the Australasian Faculty of Rehabilitation Medicine; (d) the Royal Australian College of General Practitioners; (e) the Royal Australasian College of Physicians; (f) the Royal Australasian College of Surgeons; (g) the Royal Australian and New Zealand College of Psychiatrists; (h) the Australian Psychological Society. (2) The CTP regulator may consult with any other professional body the CTP regulator considers relevant. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 26 Accounts for payment of person's medical expenses--Act, s 122 (2) (1) For the Act, section 122 (2) (Respondent to pay injured person's medical expenses)-- (a) an account must include the following details: (i) when the medical expenses were incurred; (ii) when the account was issued; (iii) the amount of the medical expenses; (iv) the name and address of the medical provider for the account; (v) the goods or services obtained for the medical expenses; and (b) a receipt must be a tax invoice. (2) For the Act, section 122 (2), an insurer must verify an account or receipt by-- (a) being satisfied of the accuracy of the account or receipt; or (b) asking the medical provider for the account or receipt to state whether the information in the account or receipt is accurate. (3) In this section: "medical provider", for an account or receipt for medical expenses, means the person to whom payment for the medical expenses was, or is to be, made. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 27 Costs--mandatory final offer accepted--Act, s 144 (2) If a mandatory final offer for more than $30 000 but not more than $50 000 is accepted, costs (including disbursements) must not exceed $5 000. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 28 Costs--small awards of damages--Act, s 155 (2) (b) Costs awarded to a claimant under the Act, section 155 (2) (b) must-- (a) if the amount of the court order is at least 15% more than the amount of the respondent's mandatory final offer-- (i) be worked out on a party and party basis; and (ii) not exceed $10 000; or (b) in any other case--be $0. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 29 Costs--small awards of damages--Act, s 155 (2) (c) Costs awarded to a respondent under the Act, section 155 (2) (c) must-- (a) if the amount of the court order is at least 15% less than the amount of the claimant's mandatory final offer-- (i) be worked out on a party and party basis; and (ii) not exceed $2 500; or (b) in any other case--be $0. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 30 Costs--small awards of damages--Act, s 155 (3) (b) (i) If the amount of the court order is at least 15% more than the amount of the respondent's mandatory final offer, the maximum amount for costs for the Act, section 155 (3) (b) (i) is $15 000. Note In any other case, the maximum amount is $2 500 (see Act, s 155 (3) (b) (i)). ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 30A Collections for nominal defendant fund--prescribed person--Act, s 163C (1) For the Act, section 163C (1), the following people (each of whom is a prescribed person) are prescribed: (a) each licensed insurer; (b) the Territory; (c) the Commonwealth. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 30B Collections for nominal defendant fund--arrangements--Act, s 163C (1) (b) (1) This section applies if the CTP regulator decides an amount to be collected for a financial year under the Act, section 163C (2). (2) The CTP regulator must decide what proportion of the amount is to be paid by each prescribed person each quarter. (3) In deciding a prescribed person's proportion for a quarter, the CTP regulator must have regard to-- (a) for a licensed insurer--the income received by the insurer for third-party policy premiums in the previous quarter; and (b) for the Territory--the premiums that would have been payable for territory government vehicles in the previous quarter if the vehicles had been insured under third-party policies; and (c) for the Commonwealth--the premiums that would have been payable for commonwealth government vehicles in the previous quarter if the vehicles had been insured under third-party policies. (4) In this section: "commonwealth authority" means a body, whether or not incorporated, established under a Commonwealth Act. "commonwealth government vehicle" means a motor vehicle usually used in the ACT and owned by the Commonwealth or a commonwealth authority. "territory government vehicle" means a motor vehicle usually used in the ACT and owned by the Territory or a territory authority. Note Territory authority is defined in the Legislation Act, dictionary, pt 1. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 30C Collections for nominal defendant fund--collection notice--Act, s 163C (1) (b) (1) The CTP regulator must give written notice (a collection notice) of a decision under section 30B to each prescribed person. (2) A collection notice must state-- (a) the amount payable by the prescribed person; and (b) that the amount must be paid to the nominal defendant fund not later than a stated date (the due date). (3) The CTP regulator may amend or revoke a prescribed person's collection notice by giving written notice to the prescribed person before the due date. (4) The due date for a prescribed person's collection notice, or an amended collection notice must be at least 42 days after the day the collection notice is given to the prescribed person. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 30D Offence--failure to pay contribution--Act, s 163C (1) (b) (1) A licensed insurer commits an offence if-- (a) a collection notice is in force for the licensed insurer; and (b) the licensed insurer does not pay the amount stated in the notice to the nominal defendant fund on or before the due date for the collection notice. Maximum penalty: 20 penalty units. (2) If the Magistrates Court convicts a licensed insurer, or finds a licensed insurer guilty, of an offence against this section, the court may order the insurer to pay any unpaid amount to the nominal defendant fund. (3) An order under subsection (2) is in addition to a penalty imposed for the offence. (4) For the enforcement of payment of the order and the calculation of interest in relation to a judgment, the order is taken to be a final judgment of the Magistrates Court for the amount stated in the order. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 31 Application requirements--Act, s 182 (2) An application must be accompanied by-- (a) a copy of the applicant's authority to carry on an insurance business under the Insurance Act 1973 (Cwlth); and (b) if the insurer is licensed to carry on business as a CTP insurer in another Australian jurisdiction--a copy of the license from the other jurisdiction; and (c) if the insurer is not licensed to carry on business as a CTP insurer in another Australian jurisdiction-- (i) a copy of all documents given to the Australian Prudential Regulation Authority in applying for authority to carry on an insurance business under the Insurance Act 1973 (Cwlth); and (ii) a copy of the latest annual return for the insurer given to the Australian Prudential Regulation Authority. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 32 Monthly returns to be provided by licensed insurers--Act, s 269 (1) (a) (1) A licensed insurer must, not later than 7 days after the end of each month, give the CTP regulator a return (a monthly return) for the month. Note If a respondent's claim manager is acting for all respondents for the claim, the insurer may not need to provide information (see s 34). (2) A monthly return must be in a form approved by the CTP regulator. (3) A monthly return must include the following information for the insurer: (a) for each notice of claim received by the insurer in the month-- (i) the required claim details; and (ii) if the notice of claim is not disputed--the required further claim details; (b) for each disputed notice of claim for which the dispute was resolved in the month--the required further claim details; (c) for each notifiable step in the processing of a claim that takes place in the month-- (i) the nature of the step; and (ii) the date when the step was taken; and (iii) other details of the notifiable step the CTP regulator requires by written notice given to all licensed insurers. (4) A monthly return must include details updating information supplied in previous returns about motor vehicle accidents, claims, estimates and costs. (5) In this section: "compliance date", for a notice of claim, for a motor accident claim, means the day the respondent received (or is taken to have received) a complying notice of claim for the motor accident claim. Note In some circumstances a noncomplying notice of claim may be taken to be a complying notice of claim (see Act, s 95). "disputed notice of claim "means a notice of claim that is not a complying notice of claim. "notifiable step", in the processing of a motor accident claim, means the following steps: (a) a dispute affecting the notice of claim is resolved; (b) the insurer gives the claimant a written notice (an additional information form), under the Act, section 88 (1) (b) (Preliminary response to claimant), about the further information the respondent reasonably needs to decide whether the respondent is properly a respondent for the claim; (c) the claimant gives the insurer the further information, under the Act, section 88 (2) (a), indicated in the additional information form; (d) the insurer admits liability on the claim, with or without an allegation of contributory negligence against the claimant, or denies liability on the claim; (e) the insurer makes a decision about the provision of rehabilitation services for the claimant or agreement is reached on the rehabilitation services to be provided for the claimant; (f) a compulsory conference is held; (g) the claim is settled; (h) a proceeding based on the claim is begun in a court; (i) a court makes a decision about liability or the amount of damages; (j) the claim is finalised. "registration number"--see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. "required claim details", for a motor accident claim, means the following details: (a) the date the notice of claim for the claim was received by the insurer; (b) the date the insurer opened a file for the claim; (c) the date, time and place of the motor accident for the claim; (d) an identifying motor accident number assigned by the insurer; (e) an identifying claim number; (f) the traffic incident number (if any) for the motor accident assigned by the Australian Federal Police; (g) for each claimant for the claim-- (i) the claimant's full name and address; and (ii) the claimant's date of birth. "required further claim details", for a motor accident claim, means the following details: (a) the compliance date for the notice of claim for the claim; (b) the make, model, type and year of manufacture of each motor vehicle involved in the motor accident for the claim; (c) for each registered motor vehicle involved in the motor accident for the claim--the registration number of the motor vehicle; (d) for each motor vehicle with a valid trader's plate attached that is involved in the motor accident for the claim--the unique identifying number on the trader's plate; (e) the name and address of-- (i) the responsible person for each motor vehicle involved in the motor accident for the claim; and (ii) the driver of each motor vehicle involved in the motor accident for the claim; (f) the name and address of each witness to the motor accident for the claim known to the insurer; (g) the circumstances of the motor accident for the claim, including how the claimant came to be involved in the accident; (h) the nature of the personal injury caused by the motor accident to the claimant; (i) the date, as shown in the notice of claim for the claim, when the claimant was first examined by a doctor in relation to the personal injury caused by the motor accident; (j) the date, as shown in the notice of claim, when the claimant first consulted a lawyer about the possibility of making a claim in relation to the motor accident for the claim. "resolved"--a disputed notice of claim is resolved if the claimant is taken to have given the respondent a complying notice of claim under the Act, section 95 (Noncomplying notice of claim may be complying notice of claim). ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 33 Returns to be provided by licensed insurers--Act, s 269 (1) (a) (1) A licensed insurer must, not later than 15 days after the end of each reporting period, give the CTP regulator a return for the reporting period. Note If a respondent's claim manager is acting for all respondents for the claim, the insurer may not need to provide information (see s 34). (2) A return must state-- (a) the insurer's costs for each motor accident claim for the reporting period; and (b) any amount recovered in relation to the claim by the insurer under the Act, part 4.11 (CTP insurer and nominal defendant may recover costs incurred). (3) A return must include details updating information supplied in previous returns about motor vehicle accidents, claims, estimates and costs. (4) In this section: "insurer's costs", for a motor accident claim, means the following: (a) professional legal costs and disbursements incurred by the insurer in relation to the claim; (b) costs incurred by the insurer investigating the facts and circumstances of the claim; (c) the cost of medical treatment and rehabilitation services incurred in relation to the claimant for the personal injury for the claim; (d) the cost of medical examinations and medical reports incurred in relation to the claimant; (e) the cost of expert reports arranged under the Act, section 118 (Parties may jointly arrange for expert report) incurred in relation to the claimant; (f) any other cost the CTP regulator, by notice to the licensed insurer, requires to be reported in a return. "reporting period," for a return, means-- (a) unless the CTP regulator gives licensed insurers a notice mentioned in paragraph (b)--a quarter; or (b) if the CTP regulator gives licensed insurers written notice that the reporting period is to be reduced to 1 month from a stated date at least 3 months after the day the notice is given--1 month. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 34 Monthly returns and returns--respondent's claim manager--Act, s 269 (1) (a) (1) This section applies if-- (a) a respondent's claim manager is acting under the Act, section 92 (Multiple respondents) for all respondents for a motor accident claim; and (b) another insurer has-- (i) told the CTP regulator about the respondent's claim manager for the claim; and (ii) given the required claim details for the claim under section 32. (2) The insurer need not provide other information required under section 32 or section 33 about the claim. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - REG 35 Information to be provided by licensed insurers--Act, s 269 (1) (c) (1) If a licensed insurer provides accounts, returns or other information under the Corporations Act or the Insurance Act 1973 (Cwlth), the licensed insurer must also give a copy of the accounts, returns or other information to the CTP regulator. (2) If a licensed insurer receives a request for information or explanation from the APRA, the insurer must, not later than 1 month after responding to the request, give a copy of the request and the licensed insurer's response to the request to the CTP regulator. (3) If the CTP regulator asks a licensed insurer for an actuarial report on the insurer's financial position, the insurer must give the report to the CTP regulator not later than 3 months after receiving the request. (4) If a transaction happens that may affect control of a licensed insurer, the insurer must give complete details of the transaction to the CTP regulator not later than 1 month after the transaction happens. (5) If a change of the manager responsible for managing a licensed insurer's CTP business happens, the insurer must give complete details of the change to the CTP regulator not later than 1 month after the change happens. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - SCHEDULE 1 Schedule 1 CTP premium classes (see s 8) Part 1.1 Definitions 1.1 Definitions--sch 1 In this schedule-- "ambulance" means a motor vehicle built to transport sick or injured people. "any other vehicle" means a vehicle that-- (a) must be registered under the Road Transport (Vehicle Registration) Act 1999; and (b) is not a vehicle mentioned in part 1.2, table. "breakdown vehicle" means a motor vehicle used mainly to tow broken-down vehicles. "bus "means a motor vehicle used to carry paying passengers but does not include-- (a) a demand responsive service vehicle; or (b) a taxi; or (c) a general hire car; or (d) a restricted hire car. "business use"--a vehicle, or trader's plate is for business use if there is an entitlement to claim an input tax credit in relation to the CTP policy for the vehicle or plate. "demand responsive service vehicle"--see the Road Transport (Public Passenger Services) Act 2001, section 81. "drive-yourself hire vehicle" means a motor vehicle let for hire but does not include a motor vehicle let for hire under a lease or hire-purchase agreement. "firefighting vehicle" means a motor vehicle used mainly for firefighting. "general hire car" means a hire car that is not a restricted hire car. "goods vehicle" means a motor vehicle built mainly to transport goods. "GVM", of a vehicle--see the Road Transport (Vehicle Registration) Act 1999, dictionary. "hire car"--see the Road Transport (Public Passenger Services) Act 2001, section 67. "historic vehicle"--see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. "implement"--see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. "input tax credit"--see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), dictionary. "miscellaneous vehicle" means a tractor or implement but does not include a primary producer's tractor. "mobile crane" means a motor vehicle built mainly as a crane but does not include-- (a) a breakdown vehicle; or (b) a tractor. "motorbike"--see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. "motorcycle" means a motorbike or motortrike. "motortrike"--see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. "passenger vehicle" means a motor vehicle built mainly to carry people but does not include the following: (a) an ambulance; (b) a bus; (c) a demand responsive service vehicle; (d) a drive-yourself hire vehicle; (e) a motorcycle; (f) a police vehicle; (g) a general hire car; (h) a taxi. "police vehicle"--see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. "primary producer's tractor" means a tractor used by a primary producer for his or her operations as a primary producer. "private use"--a vehicle, or trader's plate, is for private use if there is no entitlement to claim an input tax credit in relation to the CTP policy for the vehicle or plate. "restricted hire car"--see the Road Transport (Public Passenger Services) Act 2001, section 68. "tractor"--see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. "undertaker's vehicle" means a motor vehicle used only as an undertaker's hearse. "veteran vehicle"--see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. "vintage vehicle"--see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. Part 1.2 CTP premium classes column 1 item column 2 kind of motor vehicle or trader's plate column 3 case (if any) column 4 use 1.1 ambulance private 1.2 ambulance business 2.1 breakdown vehicle private 2.2 breakdown vehicle business 3.1 bus or demand responsive service vehicle vehicle has seating for not more than 16 adults (including driver) private 3.2 bus or demand responsive service vehicle vehicle has seating for not more than 16 adults (including driver) business 3.3 bus or demand responsive service vehicle vehicle has seating for more than 16 adults (including driver) private 3.4 bus or demand responsive service vehicle vehicle has seating for more than 16 adults (including driver) business 4.1 drive-yourself hire vehicle private 4.2 drive-yourself hire vehicle business 5.1 firefighting vehicle private 5.2 firefighting vehicle business 6.1 general hire car private 6.2 general hire car business 7.1 goods vehicle GVM not over 4.5t private 7.2 goods vehicle GVM not over 4.5t business 7.3 goods vehicle GVM over 4.5t private 7.4 goods vehicle GVM over 4.5t business 8.1 historic vehicle private 8.2 historic vehicle business 9.1 miscellaneous vehicle private 9.2 miscellaneous vehicle business 10.1 mobile crane private 10.2 mobile crane business 11.1 motorcycle engine capacity not over 300mL private 11.2 motorcycle engine capacity not over 300mL business 11.3 motorcycle engine capacity over 300mL but not over 600mL private 11.4 motorcycle engine capacity over 300mL but not over 600mL business 11.5 motorcycle engine capacity over 600mL private 11.6 motorcycle engine capacity over 600mL business 11.7 motorcycle electrically powered motor private 11.8 motorcycle electrically powered motor business 12.1 passenger vehicle private 12.2 passenger vehicle business 13.1 police vehicle private 13.2 police vehicle business 14.1 primary producer's tractor private 14.2 primary producer's tractor business 15.1 taxi private 15.2 taxi business 16.1 trader's plate private 16.2 trader's plate business 17.1 undertaker's vehicle private 17.2 undertaker's vehicle business 18.1 veteran vehicle private 18.2 veteran vehicle business 19.1 vintage vehicle private 19.2 vintage vehicle business 20.1 any other vehicle private 20.2 any other vehicle business Note A trailer does not have to be separately insured (see Act, s 19 and s 60 to s 63). ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - NOTES Dictionary Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o Commonwealth o quarter o Territory o territory authority. Note 3 Terms used in this regulation have the same meaning that they have in the Road Transport (Third-Party Insurance) Act 2008 (see Legislation Act, s 148). For example, the following terms are defined in the Road Transport (Third-Party Insurance) Act 2008, dict: o APRA o complying notice of claim o compulsory conference o CTP policy (see s 18) o CTP premium o CTP regulator (see s 14) o drive a vehicle o insurer o licensed insurer o medical expenses (see s 71) o medical treatment o nominal defendant (see s 13) o notice of claim o rehabilitation services (see s 124) o respondent's claim manager o trader's plate o unregistered vehicle permit o valid trader's plate. Note 4 The Road Transport (General) Act 1999 contains definitions relevant to this Regulation. For example, the following terms are defined in the Road Transport (General) Act 1999, dictionary: o driver o jurisdiction o motor vehicle o taxi. annual CTP premium, for part 3 (CTP premiums)--see section 7. "collection notice"--see section 30C. CTP premium class, for part 3 (CTP premiums)--see section 8. "due date"--see section 30C. "monthly return"--see section 32. "prescribed person"--see section 30A. "tax invoice"--see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), dictionary. ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Road Transport (Third-Party Insurance) Regulation 2008 SL2008-37 notified LR 25 August 2008 s 1, s 2 commenced 25 August 2008 (LA s 75 (1)) remainder commenced 1 October 2008 (s 2 and see Road Transport (Third-Party Insurance) Act 2008 A2008-1 s 2 (as am by A2008-39 s 4)) as amended by Road Transport (Third-Party Insurance) Amendment Regulation 2008 (No 2) SL2008-45 notified LR 30 September 2008 s 1, s 2 commenced 30 September 2008 (LA s 75 (1)) remainder commenced 1 October 2008 (s 2) Road Transport (Third-Party Insurance) Amendment Regulation 2008 (No 3) SL2008-48 notified LR 1 December 2008 s 1, s 2 commenced 1 December 2008 (LA s 75 (1)) remainder commenced 2 December 2008 (s 2) Road Transport (Third-Party Insurance) Amendment Regulation 2009 (No 1) SL2009-28 notified LR 4 June 2009 s 1, s 2 commenced 4 June 2009 (LA s 75 (1)) remainder commenced 5 June 2009 (s 2) Road Transport (Third-Party Insurance) Amendment Act 2009A2009-16 sch 2 notified LR 30 June 2009 s 1, s 2 commenced 30 June 2009 (LA s 75 (1)) remainder commenced 5 July 2009 (s 2) Statute Law Amendment Act 2010 A2010-18 sch 3 pt 3.23 notified LR 13 May 2010 s 1, s 2 commenced 13 May 2010 (LA s 75 (1)) sch 3 pt 3.23 commenced 3 June 2010 (s 2) 4 Amendment history Commencements 2 om LA s 89 (4) Meaning of CTP premium classs 8 am A2009-16 amdt 2.1 Licensed insurers to have annual CTP premium approved for CTP premium classess 9 am SL2009-28 s 4 CTP premium if vehicle or plate in multiple classess 10 sub A2009-16 amdt 2.2 CTP premiums for policies for less than 1 years 11 sub A2009-16 amdt 2.2 Additional CTP premium payable if change in construction or use of vehicles 12 sub A2009-16 amdt 2.2 Offence--failure to pay additional CTP premiums 13 om A2009-16 amdt 2.2 Circumstances in which motor vehicle has sufficient connection with ACT--Act, s 61 (5)s 14 am SL2008-45 s 4 Collections for nominal defendant fund--prescribed person--Act, s 163C (1)s 15 reloc and renum as s 30A Collections for nominal defendant fund--arrangements--Act, s 163C (1) (b)s 16 reloc and renum as s 30B Collections for nominal defendant fund--collection notice--Act, s 163C (1) (b)s 17 reloc and renum as s 30C Offence--failure to pay contribution--Act, s 163C (1) (b)s 18 reloc and renum as s 30D Consultation for composition of panel of recognised experts--Act, s 117 (2) (as 25 sub SL2008-45 s 5 Collections for nominal defendant fund--prescribed person--Act, s 163C (1)s 30A hdg (prev s 15 hdg) am A2009-16 amdt 2.3s 30A (prev s 15) am A2009-16 amdt 2.4 reloc and renum as s 30A A2009-16 amdt 2.5 Collections for nominal defendant fund--arrangements--Act, s 163C (1) (b)s 30B hdg (prev s 16 hdg) am A2009-16 amdt 2.6s 30B (prev s 16) am A2009-16 amdt 2.7 reloc and renum as s 30B A2009-16 amdt 2.8 Collections for nominal defendant fund--collection notice--Act, s 163C (1) (b)s 30C hdg (prev s 17 hdg) am A2009-16 amdt 2.9s 30C (prev s 17) am A2009-16 amdt 2.10 reloc and renum as s 30C A2009-16 amdt 2.11 Offence--failure to pay contribution--Act, s 163C (1) (b)s 30D hdg (prev s 18 hdg) am A2009-16 amdt 2.12s 30D (prev s 18) reloc and renum as s 30D A2009-16 amdt 2.13 Monthly returns to be provided by licensed insurers--Act, s 269 (1) (a)s 32 am A2009-16 amdt 2.14; pars renum R4 LA Transitionalpt 20 hdg om A2009-16 amdt 2.14 Definitions--pt 20s 100 om A2009-16 amdt 2.14 Transitional--trader's plates--Act, s 286 (1)s 101 om A2009-16 amdt 2.14 Transitional--unregistered vehicle permits--Act, s 286 (1)s 102 om A2009-16 amdt 2.14 Transitional--modification of Act, ch 9--Act, s 286s 103 om A2009-16 amdt 2.14 Expiry--pt 20s 104 om A2009-16 amdt 2.14 Definitionssch 1 pt 1.1 def any other vehicle sub A2009-16 amdt 2.16 def business use sub A2009-16 amdt 2.17 def goods vehicle sub SL2009-28 s 5 def GVM ins SL2009-28 s 6 def primary producer's goods vehicle om SL2009-28 s 7 def private use sub A2009-16 amdt 2.18 def taxi om A2010-18 amdt 3.103 CTP premium classessch 1 pt 1.2 am SL2008-45 s 6; SL2008-48 s 4; SL2009-28; items renum R3 LA; A2009-16 amdt 2.19, amdt 2.20; items renum R4 LA Modification--Road Transport (Public Passenger Services) Act 2001sch 20 om A2009-16 amdt 2.21 Dictionarydict am A2009-16 amdts 2.22-2.24; A2010-18 amdt 3.104 def collection notice am A2009-16 amdt 2.25 def due date am A2009-16 amdt 2.26 def prescribed person am A2009-16 amdt 2.27 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R11 Oct 2008 1 Oct 2008-1 Dec 2008 SL2008-45 new regulation and amendments by SL2008-45 R22 Dec 2008 2 Dec 2008-4 June 2009 SL2008-48 amendments by SL2008-48 R35 June 2009 5 June 2009-4 July 2009 SL2009-28 amendments by SL2009-28 R45 July 2009 5 July 2009-2 June 2010 A2009-16 amendments by A2009-16 (c) Australian Capital Territory 2010 ROAD TRANSPORT (THIRD-PARTY INSURANCE) REGULATION 2008 - NOTES Australian Capital Territory SL2008-37 Republication No 5 Effective: 3 June 2010 Republication date: 3 June 2010 Last amendment made by A2010-18Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Road Transport (Third-Party Insurance) Regulation 2008 , made under the Road Transport (Third-Party Insurance) Act 2008 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 3 June 2010 . It also includes any amendment, repeal or expiry affecting the republished law to 3 June 2010 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Road Transport (Third-Party Insurance) Regulation 2008 Endnotes Australian Capital Territory Road Transport (Third-Party Insurance) Regulation 2008