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MOTOR VEHICLES ACT 1959 - SECT 134

MOTOR VEHICLES ACT 1959 - SECT 134

134—Persons entitled to act in connection with claims

        (1)         A person must not—

            (a)         for or in the expectation of directly or indirectly receiving any reward accept any instructions or authority to act on behalf of any person in respect of the making, commencement, resisting, negotiation, compromise or settlement of any claim or action for damages for death, bodily injury, or injury to property, arising out of the use of a motor vehicle; or

            (b)         for or in the expectation of directly or indirectly receiving any reward make, commence, resist, negotiate, compromise or settle or cause to be made, commenced, resisted, negotiated, compromised or settled on behalf of any person, any such claim or action; or

            (c)         hold themself out as being willing to act for reward on behalf of any person in making, commencing, resisting, negotiating, compromising or settling any such claim or action.

Maximum penalty: $750.

        (2)         This section does not apply to—

            (a)         any qualified legal practitioner acting in the course of the legal practitioner's profession;

            (b)         any officer of an association formed for the protection of the interests of employees and whether registered under any Commonwealth or State Act or not, when acting in the course of the officer's duties for a member of that association;

            (c)         any person employed or instructed by an approved insurer to act on its behalf in connection with—

                  (i)         any claim or action in a case where the insurer is liable to indemnify the person against whom the claim is made or the action brought;

                  (ii)         any claim for injury to property in a case where the insurer is exercising rights of subrogation in respect of that injury and where the person so employed or instructed limits themself to making and settling the claim without threatening or otherwise referring to legal proceedings in respect of the claim.

        (3)         An agreement to pay money for work done or services rendered contrary to this section is void and any money so paid is recoverable by the person who has paid it.