MOTOR VEHICLES ACT 1959 - SECT 99
MOTOR VEHICLES ACT 1959 - SECT 99
(1) In this Part,
unless the context otherwise requires—
"approved insurer" means a person or body of persons approved by the Minister
as an insurer under this Part;
"bodily injury" includes mental or nervous shock;
"GST law" means—
(a)
A New Tax System (Goods and Services Tax) Act 1999 (Cwth); and
(b) the
related legislation of the Commonwealth dealing with the imposition of a tax
on the supply of goods and services;
"insured motor vehicle" or "insured vehicle" means a motor vehicle in relation
to which a policy of insurance under this Part is in force;
"insured person" means a person insured by a policy of insurance under this
Part;
"mobile fork lift" means a motor vehicle fitted with an apparatus of the kind
commonly known as a fork lift and constructed or adapted solely or mainly for
lifting and moving goods by means of the fork lift;
"the nominal defendant" means a person appointed by the Minister to be
the nominal defendant, and for the time being holding that appointment;
"owner" means an owner or joint owner or part owner of a motor vehicle and a
person who has the use of a motor vehicle under a hire-purchase agreement;
"participant" in a road race includes a driver or navigator of, or passenger
in, a motor vehicle that takes part in the road race;
"passenger", in relation to a motor vehicle, includes any person in or on the
vehicle whether or not the person is travelling, has travelled or is proposing
to travel in or on the vehicle;
"policy of insurance" means a policy of insurance that complies with this
Part;
"road race" means any contest—
(a) that
tests the speed or reliability of motor vehicles or the skill or endurance of
their drivers or navigators; and
(b)
that—
(i)
is declared to be an event to which section 33 of the
Road Traffic Act 1961 applies; or
(ii)
takes place on a race track established or adapted for
the purpose of such contests;
"self-propelled lawn care machine" means a motor vehicle constructed and used
for rolling, watering or otherwise maintaining lawn or grass, but does not
include a self-propelled lawn mower;
"terrorist act" has the same meaning as in the Terrorism (Commonwealth
Powers) Act 2002 .
(1a) Where two
corporations are related corporations for the purposes of the
Corporations Act 2001 of the Commonwealth, they are related corporations
for the purposes of this Part.
(2) Other words and
expressions used in this Part have the meaning assigned to them in
section 5, unless the context otherwise requires.
(3) Subject to
subsection (3a), for the purposes of this Part, death or bodily injury
will be regarded as being caused by or arising out of the use of a
motor vehicle only if it is a direct consequence of—
(a) the
driving of the vehicle; or
(b) the
vehicle running out of control; or
(c) a
person travelling on a road colliding with the vehicle when the vehicle is
stationary, or action taken to avoid such a collision.
(3a) For the purposes
of this Part, death or bodily injury will not be regarded as being caused by
or arising out of the use of a motor vehicle if the death or bodily injury is
caused by a terrorist act.
(4) For the purposes
of this Part, death or bodily injury will be regarded as being caused by or
arising out of the use of a motor vehicle conditionally registered under
section 25 that is a tractor, agricultural machine, mobile fork lift or
self-propelled lawn care machine only if it is caused by or arises out of the
use of the vehicle (as referred to in subsection (3)) on a road.