MOTOR VEHICLES ACT 1959 - SECT 99A
MOTOR VEHICLES ACT 1959 - SECT 99A
99A—Insurance premium to be paid on applications for registration
(a) the
registration of a motor vehicle; or
(b) an
exemption from registration in respect of a motor vehicle; or
(c) a
permit in respect of a motor vehicle,
must at the time of application pay to the Registrar the premium upon a
policy of insurance in terms determined by the CTP Regulator for the motor
vehicle in respect of which the application is made.
(2) The approved
insurer for a motor vehicle in respect of which an application for
registration is made will be—
(a) in
the case of an application to register a new motor vehicle—the
approved insurer selected by the CTP Regulator in accordance with a
scheme determined by the Minister; or
(b) in
any other case—
(i)
the approved insurer selected by the applicant for
registration; or
(ii)
if the applicant for registration fails to select an
approved insurer—the approved insurer selected by the CTP Regulator in
accordance with a scheme determined by the Minister.
(2a) For the purposes
of subsections (1) and (2), if a person is a participant in the
periodic payment scheme under section 24A in respect of a particular
motor vehicle—
(a) the
time of application in relation to a particular renewal will be taken to be
the time when an amount for renewal of registration in accordance with the
scheme is debited to the nominated account; and
(b)
without limiting subsection (3), the approved insurer for the
motor vehicle will be taken to be the approved insurer selected, as provided
by subsection (2), in the person's most recent application for
registration of the vehicle.
(3) Where an applicant
purports to select a corporation as the approved insurer in respect of the
motor vehicle, and the corporation is not an approved insurer but a related
corporation is such an insurer, the CTP Regulator must, subject to any
agreement with an approved insurer under this Part, select the related
corporation as the approved insurer.
(4) Where the
CTP Regulator purports to select an approved insurer pursuant to the
provisions of this section, that selection will be conclusively presumed to be
valid and effectual for the purposes of this section and no claim or
proceedings can lie against the Regulator in respect of any such selection.
(5) The applicant
must, in the application, furnish the Registrar with such information as may
be necessary in order to determine the appropriate insurance premium.
(6) Where as a result
of any transfer in the ownership of a vehicle, any alteration to the nature of
a vehicle, or any change in the use of a vehicle, a greater premium becomes
payable in respect of the motor vehicle than that paid to the Registrar when
the application was made, the insurer may recover the amount of the difference
between the respective premiums as a debt in any court of competent
jurisdiction.
(7) Where by reason of
any fact known to the insured person a greater premium becomes payable to the
insurer in respect of the motor vehicle, the insured person must forthwith
give the insurer notice in writing of that fact.
Maximum penalty: $750.
(8) A policy of
insurance in terms determined by the CTP Regulator is in force in respect of
the motor vehicle as from the time at which the grant of registration, the
exemption from registration, or permit becomes effective and, subject to this
Part—
(a)
remains in force for the whole of the period for which registration is granted
and for a further period of grace of 30 days (but falls due for renewal at the
expiration of the former period); or
(b)
remains, subject to express provision in this Act for the policy to be
effective for a longer period, in force for the whole of the period for which
the exemption from registration, or permit, is granted, but then expires.
(9) Subject to
subsection (9a), the insurer under the policy of insurance relating to a
motor vehicle is—
(a) the
approved insurer selected under the provisions of this section in respect of
that motor vehicle; or
(b) if
the insurer referred to in paragraph (a), with the approval of the
CTP Regulator and the consent of the registered owner of the motor vehicle,
novates or assigns the policy of insurance to another approved
insurer—that other approved insurer.
(a) a
new motor vehicle is registered for a period of more than 3 months; and
(b) the
registered owner of the vehicle, within the first 3 months in the period
of registration of the vehicle, nominates an approved insurer other than the
approved insurer selected by the CTP Regulator at the time of the
application for registration of the vehicle,
the policy of insurance relating to the motor vehicle will, on the
commencement of the fourth month in the period of the registration of the
vehicle, be taken to have been transferred from the approved insurer selected
by the CTP Regulator to the approved insurer nominated by the
registered owner of the vehicle (and the approved insurer to whom the
policy of insurance is transferred then becomes the insurer under the
policy of insurance relating to that motor vehicle).
(9b) If a
policy of insurance is transferred under subsection (9a)
from one approved insurer (the "old insurer") to another approved
insurer (the "new insurer"), the old insurer must pay to the new insurer the
same proportion of the insurance premium received by the old insurer for the
policy of insurance as the unexpired portion of the period for which the
policy remains in force bears to the whole of the period for which the
policy of insurance is effective under this Part (and the amount payable under
this subsection may be recovered by the new insurer from the old insurer as a
debt in any court of competent jurisdiction).
(9c) A nomination
under subsection (9a) must be made in a manner and form determined by the
CTP Regulator.
(10) Where a
policy of insurance comes into force in relation to a motor vehicle during the
period of grace referred to in subsection (8), the period of grace
thereupon terminates.
(11) Where the
registration of a motor vehicle is transferred, the policy of insurance
continues in operation in relation to the person to whom the registration is
transferred.
(12) A
policy of insurance cannot be cancelled while the registration, exemption from
registration, or permit, in respect of the motor vehicle to which the policy
relates remains in force but upon any renewal of registration a different
approved insurer may be selected and that insurer thereupon becomes the
insurer of the motor vehicle from the day and time at which the renewal
becomes effective.
(13) The Registrar
must, subject to subsection (14), pay to an approved insurer the premiums
collected by the Registrar in respect of policies of insurance in respect of
which that approved insurer was selected as the insurer under this section.
(14) The Registrar
must retain out of the amounts collected by the Registrar under this section a
sum of money determined by the CTP Regulator as costs associated with
compulsory third party insurance.
(15) The costs
determined by the CTP Regulator under subsection (14) must include an
amount to cover the costs reasonably incurred by the Registrar in connection
with the administration of the compulsory third party insurance scheme.
(17) A
policy of insurance under this section is not invalidated by any error or
omission on the part of the Registrar or any officer acting at the direction
or under the control of the Registrar.
(18) An entry in the
register of motor vehicles kept under this Act to the effect that a specified
insurer is, or was for a period to which the entry relates, the insurer under
a policy of insurance relating to a specified motor vehicle is conclusive
evidence that the insurer is, or was for that period, the insurer under such a
policy of insurance relating to that motor vehicle.
(19) An application
for the issue of trade plates will, for the purposes of this section, be taken
to be an application for registration in respect of a motor vehicle, and the
policy of insurance that comes into operation upon the issue of the trade
plates is effective (whether or not the trade plates have been transferred) in
relation to any motor vehicle driven in pursuance of the trade plates.
(20) For the purposes
of this section, a motor vehicle is a "new motor vehicle if—
(a) the
vehicle has not previously been registered under this Act or the law of any
other State or Territory of the Commonwealth; and
(b) less
than 2 years have elapsed since the year and month in which the vehicle
was manufactured.