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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Motor Accidents Compensation
Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Motor Accidents Compensation Act 1999
No 41 2
4 Consequential amendments 2
5 Repeal of Act 2
Schedule 1 Amendment of Motor Accidents Compensation Act 1999 3
Schedule 2 Consequential amendments 20
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Motor Accidents Compensation
Amendment Bill 2006
Act No , 2006
An Act to amend the Motor Accidents Compensation Act 1999 to make further
provision with respect to the motor accidents to which the Act applies, no-fault
recovery by children, blameless motor accidents, insurance premiums, claims
against the Nominal Defendant and caps on insurer liability; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Motor Accidents Compensation Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Motor Accidents Compensation Amendment Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Motor Accidents Compensation Act 1999 No 41
The Motor Accidents Compensation Act 1999 is amended as set out in
Schedule 1.
4 Consequential amendments
The Acts and Regulation set out in Schedule 2 are amended as set out in
that Schedule.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
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Motor Accidents Compensation Amendment Bill 2006
Amendment of Motor Accidents Compensation Act 1999 Schedule 1
Schedule 1 Amendment of Motor Accidents
Compensation Act 1999
(Section 3)
[1] Chapter 1, Part 1.1, heading
Insert before section 1:
Part 1.1 Interpretation and application
[2] Section 3 Definitions
Omit the definition of death.
[3] Section 3, definition of "injury"
Omit the definition. Insert instead:
injury means personal or bodily injury and includes:
(a) pre-natal injury, and
(b) psychological or psychiatric injury, and
(c) damage to artificial members, eyes or teeth, crutches or
other aids or spectacle glasses.
[4] Section 3, definition of "motor accident"
Omit the definition. Insert instead:
motor accident means an incident or accident involving the use
or operation of a motor vehicle that causes the death of or injury
to a person where the death or injury is a result of and is caused
(whether or not as a result of a defect in the vehicle) during:
(a) the driving of the vehicle, or
(b) a collision, or action taken to avoid a collision, with the
vehicle, or
(c) the vehicle's running out of control.
[5] Sections 3A and 3B
Insert after section 3:
3A General restrictions on application of Act
(1) This Act (including any third-party policy under this Act) applies
only in respect of the death of or injury to a person that is caused
by the fault of the owner or driver of a motor vehicle in the use or
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Motor Accidents Compensation Amendment Bill 2006
Schedule 1 Amendment of Motor Accidents Compensation Act 1999
operation of the vehicle and only if the death or injury is a result
of and is caused (whether or not as a result of a defect in the
vehicle) during:
(a) the driving of the vehicle, or
(b) a collision, or action taken to avoid a collision, with the
vehicle, or
(c) the vehicle's running out of control.
Note. Part 1.2 (No-fault claims--children and blameless accidents)
extends the operation of this Act for certain limited purposes to motor
accidents that have not in fact been caused by the fault of the owner or
driver of the motor vehicle.
Part 1.2 achieves this result by deeming such accidents to have been
caused by the fault of the owner or driver of the motor vehicle in the use
or the operation of the vehicle provided that:
(a) the vehicle was involved in the accident and had motor accident
insurance cover for the accident, and
(b) the accident was not caused by the fault of any other person or
the accident resulted in the death of or injury to a child.
(2) This Act (including any third-party policy under this Act) does
not apply in respect of an injury that arises gradually from a series
of incidents.
3B Restrictions on application of claims provisions--accident must
be insured or work accident
(1) The application of Chapters 36 in respect of death or injury that
results from the use or operation of a motor vehicle is limited to
death or injury that:
(a) is caused by a motor accident for which the vehicle has
motor accident insurance cover, or
(b) gives rise to a work injury claim, other than a work injury
claim in respect of the death of or injury to a coal miner (as
defined in clause 3 of Part 18 of Schedule 6 to the Workers
Compensation Act 1987).
Note. Part 1.2 (No-fault claims--children and blameless accidents)
extends the operation of this Act for certain limited purposes to motor
accidents that have not in fact been caused by the fault of the owner or
driver of the motor vehicle.
Part 1.2 achieves this result by deeming such accidents to have been
caused by the fault of the owner or driver of the motor vehicle in the use
or the operation of the vehicle provided that:
(a) the vehicle was involved in the accident and had motor accident
insurance cover for the accident, and
(b) the accident was not caused by the fault of any other person or
the accident resulted in the death of or injury to a child.
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Motor Accidents Compensation Amendment Bill 2006
Amendment of Motor Accidents Compensation Act 1999 Schedule 1
(2) For the purposes of this Act, a motor vehicle has motor accident
insurance cover for a motor accident if and only if:
(a) at the time of the motor accident the motor vehicle was
subject to coverage under a third-party policy or was
subject to coverage under a policy of compulsory
third-party personal injury insurance or a compulsory
motor vehicle accident compensation scheme under the
law of a place other than New South Wales or under a law
of the Commonwealth, or
(b) at the time of the motor accident, the motor vehicle was
owned by the Commonwealth or by any person or body of
persons representing the Commonwealth, or
(c) there is a right of action against the Nominal Defendant in
respect of the motor accident or there would be a right of
action against the Nominal Defendant in respect of the
motor accident if the motor accident had been caused by
the fault of the owner or driver of the motor vehicle in the
use or operation of the vehicle.
(3) For the purposes of this Act, death or injury gives rise to a work
injury claim if it is:
(a) the death of a worker resulting from or caused by an injury
to the worker (being an injury caused by the negligence or
other tort of the worker's employer), or
(b) an injury to a worker caused by the negligence or other tort
of the worker's employer,
with expressions used in this subsection having the same
meanings as they have in Part 5 of the Workers Compensation
Act 1987.
[6] Section 5A Chapters 3, 4, 5 and 6 not to apply to coal miner work injury
claim resulting from uninsured off-road accident
Omit the section.
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Motor Accidents Compensation Amendment Bill 2006
Schedule 1 Amendment of Motor Accidents Compensation Act 1999
[7] Chapter 1, Part 1.2
Insert after section 7:
Part 1.2 No-fault claims--children and blameless
accidents
Division 1 Recovery for blameless accidents
7A Definition of "blameless motor accident"
In this Division:
blameless motor accident means a motor accident not caused by
the fault of the owner or driver of any motor vehicle involved in
the accident in the use or operation of the vehicle and not caused
by the fault of any other person.
7B Liability for damages in case of blameless motor accident
(1) The death of or injury to a person that results from a blameless
motor accident involving a motor vehicle that has motor accident
insurance cover for the accident is, for the purposes of and in
connection with any claim for damages in respect of the death or
injury, deemed to have been caused by the fault of the owner or
driver of the motor vehicle in the use or operation of the vehicle.
Note. Section 3B defines what is meant by a motor vehicle having motor
accident insurance cover for a motor accident.
(2) If the blameless motor accident involved more than one motor
vehicle that has motor accident insurance cover for the accident,
the death or injury is deemed to have been caused by the fault of
the owner or driver of each of those motor vehicles in the use or
operation of the vehicle.
7C Presumption that motor accident is blameless
In proceedings on a claim for damages in respect of the death of
or injury to a person resulting from a motor accident, an averment
by the plaintiff that the motor accident was a blameless motor
accident is evidence of that fact in the absence of evidence to the
contrary.
7D Accident must occur in New South Wales after commencement
This Division applies only in respect of motor accidents that
occur in the State after the commencement of this Division.
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Amendment of Motor Accidents Compensation Act 1999 Schedule 1
7E No coverage for driver who caused accident
(1) There is no entitlement to recover damages under this Division in
respect of the death of or injury to the driver of a motor vehicle if
the motor accident concerned was caused by an act or omission
of that driver.
(2) The death of or injury to the driver is taken to have been caused
by an act or omission of the driver for the purposes of subsection
(1) even if:
(a) the act or omission does not constitute fault by the driver
in the use or operation of the vehicle, or
(b) the act or omission was involuntary, or
(c) the act or omission was not the sole or primary cause of the
death or injury, or
(d) the act or omission would have caused the death or injury
but for the occurrence of a supervening act or omission of
another person or some other supervening event.
7F Contributory negligence
This Division does not prevent the reduction of damages by
reason of the contributory negligence of the deceased or injured
person.
Note. The contributory negligence of a deceased or injured child does
not reduce damages of the kind to which the special entitlement to
damages conferred by Division 2 applies. See section 7P.
7G Recovery of contribution from person actually at fault
A person whose liability for damages in respect of the death of or
injury to a person results from the person being deemed under
this Division to be a person whose fault caused the death or injury
is entitled to recover contribution in respect of that liability from
a person (whether or not the driver of a motor vehicle) whose
fault actually caused the death or injury.
7H No recovery by Nominal Defendant unless owner or driver actually
at fault
The Nominal Defendant is not entitled to recover any amount
under section 39 from the owner or driver of a motor vehicle in
respect of amounts properly paid by the Nominal Defendant in
connection with the operation of this Division unless the motor
accident concerned was actually caused by the fault of the owner
or driver of the motor vehicle in the use or operation of the
vehicle.
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Schedule 1 Amendment of Motor Accidents Compensation Act 1999
7I Other entitlements not affected
This Division does not affect any entitlement to damages apart
from this Division.
Division 2 No-fault recovery by children
7J Damages for children where driver not at fault
(1) If the death of or injury to a child results from a motor accident
not caused by the fault of the owner or driver of a motor vehicle
in the use or operation of the vehicle, the death or injury is, for
the purposes of the special entitlement to recover damages
conferred by this Division, deemed to have been caused by the
fault of the owner or driver of a motor vehicle in the use or
operation of the vehicle if the motor vehicle was involved in the
accident and has motor accident insurance cover for the accident.
Note. Section 3B defines what is meant by a motor vehicle having motor
accident insurance cover for a motor accident.
(2) If more than one motor vehicle involved in the motor accident has
motor accident insurance cover for the accident, the death or
injury is (for the purposes of that special entitlement) deemed to
have been caused by the fault of the owner or driver of each such
motor vehicle in the use or operation of the vehicle.
(3) The special entitlement to recover damages conferred by this
Division is an entitlement to recover damages for the following
in respect of the death of or injury to the child:
(a) hospital, medical and pharmaceutical expenses,
(b) rehabilitation expenses,
(c) respite care expenses,
(d) attendant care services expenses,
(e) funeral or cremation expenses.
(4) The special entitlement to recover damages for funeral or
cremation expenses is an entitlement to recover those damages
under the Compensation to Relatives Act 1897, but this Division
confers no other entitlement to recover damages under that Act.
(5) The motor accident must occur in the State after the
commencement of this Division and the child must be a resident
of the State at the time of the motor accident.
(6) In this Division:
child means a person who is under 16 years of age at the time of
the motor accident.
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Motor Accidents Compensation Amendment Bill 2006
Amendment of Motor Accidents Compensation Act 1999 Schedule 1
7K Claims where child at fault
(1) This Division applies even if the death of or injury to the child
was caused by the fault of the child, except as provided by this
section.
(2) A court is not to award damages pursuant to this Division in
respect of the death of or injury to a child if the court is satisfied
that:
(a) the death of or injury to the child occurred at the time of,
or following, conduct of the child that, on the balance of
probabilities, constitutes a serious offence, and
(b) that conduct contributed materially to the death or injury or
to the risk of death or injury.
(3) A serious offence is an offence punishable by imprisonment for
6 months or more.
(4) This section operates whether or not the child whose conduct is
alleged to constitute an offence has been, will be or is capable of
being proceeded against or convicted of any offence concerned.
(5) There is to be no reduction of the damages provided for by this
Division by reason of the contributory negligence of the deceased
or injured person, except as provided by this section.
7L Special provision where child and driver at fault
In a case in which this Division would confer a special
entitlement to recover damages in respect of the death of or injury
to a child but for the fact that the motor accident was caused by
the fault of the owner or driver of the motor vehicle in the use or
operation of the vehicle, a liability for damages of the kind to
which that special entitlement relates (including any such
liability of an insurer under section 83 or 84) is not to be reduced
on account of the contributory negligence of the child (even
though this Division does not confer that special entitlement in
the case).
Note. The special entitlement to damages conferred by this Division is
only applicable where the owner/driver is not at fault. Where the
owner/driver is at fault, this section prevents a reduction in special
entitlement type damages that would otherwise result from the
contributory negligence of the child.
7M Recovery of contribution from person actually at fault
A person whose liability for damages in respect of the death of or
injury to a person results from the person being deemed under
this Division to be a person whose fault caused the death or injury
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Motor Accidents Compensation Amendment Bill 2006
Schedule 1 Amendment of Motor Accidents Compensation Act 1999
is entitled to recover contribution in respect of that liability from
a person (whether or not the driver of a motor vehicle) whose
fault actually caused the death or injury.
7N No recovery by Nominal Defendant unless owner or driver actually
at fault
The Nominal Defendant is not entitled to recover any amount
under section 39 from the owner or driver of a motor vehicle in
respect of amounts properly paid by the Nominal Defendant in
connection with the operation of this Division unless the motor
accident concerned was actually caused by the fault of the owner
or driver of the motor vehicle in the use or operation of the
vehicle.
7O Other entitlements not affected
This Division does not affect any entitlement to damages apart
from this Division.
7P Relationship with Division 1
(1) This Division does not apply in a case to which Division 1
(Recovery for blameless accidents) applies, subject to
subsection (2).
(2) In a case in which this Division would confer a special
entitlement to recover damages in respect of the death of or injury
to a child but for the fact that the case is one to which Division 1
applies, a liability for damages arising under that Division of the
kind to which that special entitlement relates (including any such
liability of an insurer under section 83 or 84) is not to be reduced
on account of the contributory negligence of the child (despite
section 7F).
[8] Section 14 Cancellation of third-party policies
Omit section 14 (4). Insert instead:
(4) If the whole or any part of the premium payable in respect of a
third-party policy is paid by cheque or credit card, and the cheque
is not met on due presentation or the credit card transaction is not
duly honoured or is fraudulent, the licensed insurer may request
the RTA to suspend the registration of the motor vehicle to which
the policy relates for a period of 14 days.
(4A) If the insured person under a third-party policy deliberately
avoided paying the correct premium for the third-party policy by
making a statement in connection with the issue of the policy that
the insured person knew was false, the licensed insurer may
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Motor Accidents Compensation Amendment Bill 2006
Amendment of Motor Accidents Compensation Act 1999 Schedule 1
request the RTA to suspend the registration of the motor vehicle
to which the policy relates for a period of 14 days.
(4B) A licensed insurer is not to request the RTA to suspend the
registration of a motor vehicle except with the prior approval in
writing of the Authority and is not to make such a request unless
the amount outstanding remains unpaid.
[9] Section 14 (5)
Omit "will be cancelled". Insert instead "may be cancelled".
[10] Section 14 (6)(6C)
Omit section 14 (6). Insert instead:
(6) The RTA must comply with a request by a licensed insurer under
this section to suspend the registration of a motor vehicle.
(6A) If the amount outstanding remains unpaid, the licensed insurer
may request the RTA before the end of the suspension period to
cancel the registration of the motor vehicle at the expiration of the
suspension period. A licensed insurer is not to request the RTA
to cancel the registration of a motor vehicle except with the prior
approval in writing of the Authority.
(6B) The RTA must comply with a request by a licensed insurer under
this section to cancel the registration of a motor vehicle.
(6C) The Authority may establish guidelines that provide for the
circumstances in which the Authority will or will not give its
approval to the making of a request for the suspension or
cancellation of the registration of a motor vehicle.
[11] Section 14 (8) (a) (ii)
Insert "or is fraudulent" after "not duly honoured".
[12] Section 23A
Insert after section 23:
23A Limit on insurer liability for single incident
(1) If the liability of a licensed insurer under a third-party policy in
respect of all claims arising from a single incident exceeds the
prescribed maximum amount, the insurer is entitled to be
indemnified by the Nominal Defendant for the amount by which
the insurer's liability exceeds that prescribed maximum amount.
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Schedule 1 Amendment of Motor Accidents Compensation Act 1999
(2) The prescribed maximum amount is:
(a) $200 million, or
(b) such other amount as may be prescribed by the regulations
as the prescribed maximum amount for the purposes of this
section.
(3) A change to the prescribed maximum amount does not apply in
respect of a liability arising in connection with a motor accident
that occurs before the change takes effect.
(4) The Nominal Defendant is not personally liable to pay any
amount payable in satisfaction of the liability of the Nominal
Defendant to indemnify an insurer under this section, but every
such amount is to be paid by the Nominal Defendant out of the
Nominal Defendant's Fund established under Part 2.4.
[13] Section 30 Maximum commission payable to insurers' agents
Omit "4%" from section 30 (1).
Insert instead "5% (or such other percentage as may be prescribed by the
regulations)".
[14] Section 33 Claim against Nominal Defendant where vehicle not insured
Insert after section 33 (3):
(3A) If the motor accident resulting in the death of or injury to a person
occurred on land that is a road related area under the Road
Transport (Vehicle Registration) Act 1997 because it is an area
that is open to or used by the public for driving, riding or parking
vehicles, there is no right of action against the Nominal
Defendant under this section if at the time of the motor accident
the person was a trespasser on the land.
[15] Section 33 (5)
Omit the subsection. Insert instead:
(5) For the purposes of this section, and any regulations made for the
purposes of this section:
motor vehicle means a motor vehicle:
(a) that is exempt from registration, or
(b) that is not exempt from registration, is required to be
registered to enable its lawful use or operation on a road in
New South Wales and:
(i) was at the time of manufacture capable of
registration, or
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Amendment of Motor Accidents Compensation Act 1999 Schedule 1
(ii) was at the time of manufacture, with minor
adjustments, capable of registration, or
(iii) was previously capable of registration but is no
longer capable of registration because it has fallen
into disrepair.
[16] Section 34 Claim against Nominal Defendant where vehicle not identified
Insert after section 34 (1):
(1A) If the motor accident resulting in the death of or injury to a person
occurred on land that is a road related area under the Road
Transport (Vehicle Registration) Act 1997 because it is an area
that is open to or used by the public for driving, riding or parking
vehicles, there is no right of action against the Nominal
Defendant under this section if at the time of the motor accident
the person was a trespasser on the land.
[17] Section 40 Establishment of Nominal Defendant's Fund
Omit "section 37" from section 40 (3) (a). Insert instead "section 23A or 37".
[18] Section 43 Application of Chapter
Omit the note to the section. Insert instead:
Note. This Chapter applies only if the injury was caused by a motor
accident for which the vehicle has motor accident insurance cover or that
gives rise to a work injury claim (except a work injury claim by a coal
miner). See section 3B.
[19] Section 54 Bulk billing arrangements for hospital, ambulance and other
expenses
Omit "licensed insurers and" from section 54 (1).
[20] Section 54 (2) and (2A)
Omit section 54 (2). Insert instead:
(2) A bulk billing arrangement is an arrangement made with the
Minister for Health, service providers or others acting on their
behalf for the payment by the Authority of any such expenses of
injured persons at the rate provided by the arrangement.
(2A) A bulk billing arrangement may provide for the payments due by
the Authority under the arrangement to be paid by means of lump
sum payments to cover the payments due in respect of expenses
incurred during a specified period.
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Schedule 1 Amendment of Motor Accidents Compensation Act 1999
[21] Section 54 (3) (a)
Omit the paragraph.
[22] Section 59A
Insert after section 59:
59A Protection of medical assessors
(1) A matter or thing done or omitted to be done by a medical
assessor under this Part in the exercise of the assessor's functions
does not, if the matter or thing was done or omitted in good faith,
subject the assessor personally to any action, liability, claim or
demand.
(2) A medical assessor is, in any legal proceedings, competent but
not compellable to give evidence or produce documents in
respect of any matter in which he or she was involved in the
course of the exercise of his or her functions as a medical
assessor.
(3) Any liability that would attach to a person were it not for the
operation of subsection (1) attaches instead to the Crown.
[23] Section 67 Application of Chapter
Omit the note to the section. Insert instead:
Note. This Chapter applies only if the vehicle has motor accident
insurance cover for the claim. See section 3B.
[24] Section 122 Damages in respect of motor accidents
Omit "The application of this Chapter in respect of coal miner work injury
matters is limited by section 5A." from the note to the section.
Insert instead "This Chapter applies only if the death or injury was caused by
a motor accident for which the vehicle has motor accident insurance cover or
that gives rise to a work injury claim (except a work injury claim by a coal
miner). See section 3B.".
[25] Section 148 Application of Chapter
Omit the note to the section. Insert instead:
Note. This Chapter applies only if the vehicle has motor accident
insurance cover for the motor accident or the motor accident gives rise
to a work injury claim (except a work injury claim by a coal miner). See
section 3B.
[26] Section 211 Definitions
Omit the definition of premium income.
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[27] Section 212 Motor Accidents Authority Fund
Omit section 212 (2) (a). Insert instead:
(a) money contributed under this Part by persons to whom
third-party policies are issued,
[28] Section 212 (3) (c1)
Insert after section 212 (3) (c):
(c1) expenditure incurred by the Authority pursuant to any bulk
billing arrangement under section 54,
[29] Section 213 Assessment by Authority of amount to be contributed to
Fund
Omit "from licensed insurers under this Part" from section 213 (c).
Insert instead "under this Part from persons to whom third-party policies are
issued".
[30] Section 213 (d) and (e)
Omit "by licensed insurers" wherever occurring.
Insert instead "by persons to whom third-party policies are issued".
[31] Sections 214214C
Omit section 214. Insert instead:
214 Contributions to Fund by persons to whom third-party policies
issued
(1) The amount determined under section 213 (d) as the total amount
to be contributed to the Fund under this Part in respect of a
financial year is to be contributed by the payment to the Authority
of a levy (the Fund levy) by persons to whom third-party policies
are issued during the financial year.
(2) The Fund levy is to be an amount determined by the Authority.
The Fund levy can be determined as a fixed amount or as a
percentage of the premium payable for a third-party policy, or as
a combination of a fixed amount and percentage of premium.
(3) A Fund levy can be determined to differ according to any
classification or other criteria for the determination of third-party
policy premiums as provided for by the MAA Premiums
Determination Guidelines under Part 2.3.
(4) The Authority is to notify each licensed insurer of the Fund levy
determined for a financial year.
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214A Payment and collection of Fund levy
(1) The Fund levy for a financial year is payable to the Authority by
each person to whom a third-party policy is issued during the
financial year and is to be collected, in conjunction with the
payment of the premium for the policy, on behalf of the Authority
by the insurer who issues the policy.
(2) A licensed insurer is not to issue a third-party policy to a person
unless the Fund levy payable by the person has been paid. Section
14 (Cancellation of third-party policies) applies in respect of the
Fund levy payable in connection with the issue of a third-party
policy in the same way as it applies in respect of the premium
payable for the policy.
(3) Fund levies collected by a licensed insurer are to be paid to the
Authority at the times and in accordance with such arrangements
as the Authority may notify to the insurer from time to time.
(4) If a payment required to be made by a licensed insurer has not
been paid as and when required under those arrangements:
(a) the insurer is guilty of an offence and liable to a penalty not
exceeding 100 penalty units, and
(b) the amount of the required payment together with interest
calculated at the rate of 15% per annum compounded
quarterly (or, where another rate is prescribed by the
regulations, that other rate) may be recovered from the
insurer as a debt due to the Authority.
(5) A certificate purporting to be signed by the Chief Executive
Officer of the Authority as to the amount of a payment required
to be made under this section by a licensed insurer specified in the
certificate and the due date for payment is admissible in
proceedings under this section and is evidence of the matters
specified in the certificate.
(6) The obligation of a licensed insurer to make a payment under this
section in respect of any period during which the person was a
licensed insurer does not cease merely because the person
subsequently ceases to be a licensed insurer.
214B Records relating to collection of Fund levies
(1) A licensed insurer must keep such accounting and other records
in relation to Fund levies collected by the insurer under this Part:
(a) as may be prescribed by the regulations, and
(b) subject to the regulations, as may be directed by the
Authority by notice served on the insurer.
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(2) The regulations may prescribe the manner in which collection of
Fund levies is to be accounted for in any such records.
(3) A licensed insurer must lodge with the Authority returns in
relation to Fund levies collected by the insurer under this Part in
such form, containing such particulars and accompanied by such
documents:
(a) as may be prescribed by the regulations, and
(b) subject to the regulations, as may be directed by the
Authority by notice served on the insurer.
(4) Returns must be lodged at such other times as may be prescribed
by the regulations or, subject to the regulations, at such times as
the Authority, by notice served on the insurer, directs.
(5) The Authority may require returns, and documents
accompanying returns, to be certified by an auditor or by an
actuary.
(6) A licensed insurer who contravenes any requirement imposed on
the insurer by or under this section is guilty of an offence.
Maximum penalty: 100 penalty units.
(7) The Authority may make publicly available a copy of any return,
and any documents accompanying a return, under this section.
214C Audit of Fund levy records
(1) The Authority may appoint an appropriately qualified person to
audit or inspect, and report to the Authority on, the accounting
and other records of a licensed insurer relating to Fund levies
collected by the insurer under this Part.
(2) A person so appointed is, for the purpose of exercising any
functions under this section, entitled to inspect relevant
accounting and other records of the licensed insurer.
(3) A licensed insurer must provide all reasonable assistance to
enable the exercise of those functions.
(4) A person must not wilfully obstruct or delay a person exercising
a function under this section.
(5) A person exercising functions under this section has qualified
privilege in proceedings for defamation in respect of any
statement that the person makes orally or in writing in the course
of the exercise of those functions.
Page 17
Motor Accidents Compensation Amendment Bill 2006
Schedule 1 Amendment of Motor Accidents Compensation Act 1999
(6) A licensed insurer or another person who contravenes any
requirement imposed on the insurer or other person by or under
this section is guilty of an offence.
Maximum penalty: 100 penalty units.
[32] Schedule 5 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Motor Accidents Compensation Amendment Act 2006
[33] Schedule 5, Part 5
Insert at the end of the Schedule:
Part 5 Provisions arising from the Motor
Accidents Compensation Amendment
Act 2006
18 Definition
In this Part:
2006 amending Act means the Motor Accidents Compensation
Amendment Act 2006.
19 Amendments concerning application of Act
An amendment made by the 2006 amending Act to Chapter 1 of
this Act does not apply in respect of a motor accident that occurs
before the commencement of the amendment.
20 Suspension and cancellation of registration
An amendment made by the 2006 amending Act to section 14
extends to a third-party policy issued before the commencement
of the amendment.
21 Cap on insurer liability
Section 23A does not apply in respect of a liability arising in
connection with a motor accident that occurs before the
commencement of that section.
22 Nominal Defendant liability
An amendment made by the 2006 amending Act to section 33 or
34 does not apply in respect of a motor accident that occurs
before the commencement of the amendment.
Page 18
Motor Accidents Compensation Amendment Bill 2006
Amendment of Motor Accidents Compensation Act 1999 Schedule 1
23 Contributions to Fund
(1) On and from the commencement of the amendments made by the
2006 amending Act to Part 8.4, an amount received into the Fund
under that Part as an amount contributed by a licensed insurer is
taken to have been received as an amount collected by the insurer
on behalf of the Authority as Fund levy payable by persons to
whom third-party policies were issued by the insurer.
(2) Any amount payable by a licensed insurer as a contribution to the
Fund under Part 8.4 remains payable despite any amendment
made to that Part by the 2006 amending Act and a provision of
that Part that is amended by that Act continues to apply to and in
respect of such a liability that accrued before the commencement
of the amendment as if the amendment had not been made.
Page 19
Motor Accidents Compensation Amendment Bill 2006
Schedule 2 Consequential amendments
Schedule 2 Consequential amendments
(Section 4)
2.1 Road Transport (Vehicle Registration) Regulation 1998
[1] Clause 42 Suspension or cancellation of registration
Omit "third party insurance legislation," from clause 42 (1) (c).
[2] Clause 42 (1) (d)
Omit "(or a third party insurance premium submitted to an insurer)".
2.2 Workers Compensation Act 1987 No 70
Section 151E Application--modified common law damages
Omit "as described in section 3D of the Motor Accidents Act 1988 and
section 5A of the Motor Accidents Compensation Act 1999" from the note to
section 151E (2).
Insert instead "see section 3D of the Motor Accidents Act 1988 and section 3B
of the Motor Accidents Compensation Act 1999".
2.3 Workplace Injury Management and Workers Compensation
Act 1998 No 86
Section 250 Interpretation
Omit "as described in section 3D of the Motor Accidents Act 1988 and
section 5A of the Motor Accidents Compensation Act 1999" from the note to
the definition of work injury damages in section 250 (1).
Insert instead "see section 3D of the Motor Accidents Act 1988 and section 3B
of the Motor Accidents Compensation Act 1999".
Page 20
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