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TASMANIA
__________
MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) AMENDMENT BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 7B amended (Disclosure of information)
5. Section 14 amended (General liability of Board in respect of
motor accidents)
6. Section 18 amended (Recovery by Board from owner or driver
in certain cases)
7. Section 21 amended (Duties of registered operator, &c.)
8. Section 23 amended (Liability to pay scheduled benefits)
9. Section 24 amended (Exclusions from scheduled benefits)
10. Section 27 amended (Scheduled benefits in relation to liability
for damages)
11. Section 28B amended (Recovery by Board of scheduled
benefits)
12. Section 28C amended (Recovery by Board from non-
indemnifiable person of scheduled benefits)
[Bill 11]-II
2
MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) AMENDMENT BILL 2007
(Brought in by the Minister for Infrastructure, the Honourable
James Glennister Cox)
A BILL FOR
An Act to amend the Motor Accidents (Liabilities and
Compensation) Act 1973
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Motor Accidents
(Liabilities and Compensation) Amendment Act
2007.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 11] 3
Motor Accidents (Liabilities and Compensation) Amendment Act
2007
Act No. of
s. 3
3. Principal Act
In this Act, the Motor Accidents (Liabilities and
Compensation) Act 1973* is referred to as the
Principal Act.
4. Section 7B amended (Disclosure of information)
Section 7B(2) of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) was made in reporting, for the purposes
of investigating a possible offence
(i) a suspected unroadworthy
vehicle; or
(ii) a suspected fraudulent activity
discovered during the
administration or execution of
this Act;
5. Section 14 amended (General liability of Board in
respect of motor accidents)
Section 14 of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
*No. 71 of 1973
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Motor Accidents (Liabilities and Compensation) Amendment Act
2007
Act No. of
s. 6
(6) For the purposes of this Part, the Board is
not bound to pay exemplary or punitive
damages claimed against
(a) an indemnifiable person; or
(b) the Board.
6. Section 18 amended (Recovery by Board from
owner or driver in certain cases)
Section 18(3)(b) of the Principal Act is amended
by omitting "or (2A)".
7. Section 21 amended (Duties of registered operator,
&c.)
Section 21 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "is to"
and substituting "must";
(b) by inserting the following subsections
after subsection (2):
(2A) After receiving notification of an
accident under subsection (1), the
Board may require, by notice in
writing, that the registered
operator or the driver of any
motor vehicle involved in the
accident
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Motor Accidents (Liabilities and Compensation) Amendment Act
2007
Act No. of
s. 8
(a) provide full details of
each insurance policy that
is or may be relevant, so
far as the details are
known to the registered
operator or driver; and
(b) provide those details by
the date specified in the
notice.
(2B) A person must comply with a
notice given to the person under
subsection (2A).
8. Section 23 amended (Liability to pay scheduled
benefits)
Section 23 of the Principal Act is amended as
follows:
(a) by omitting from subsection (4)(e)
"medical benefits payable." and
substituting "disability benefits payable;
and";
(b) by inserting the following paragraph after
paragraph (e) in subsection (4):
(f) the benefits payable to family
members of that person for
counselling services, if that
person requires daily care as a
result of the personal injury or
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Motor Accidents (Liabilities and Compensation) Amendment Act
2007
Act No. of
s. 8
has died as a result of the
personal injury, and the limits on
the amount of benefits payable in
respect of the counselling
services.
(c) by inserting the following subsection
after subsection (7):
(8) In this section
"counselling services" means
counselling that is
provided by, or under the
supervision of
(a) a registered
psychologist
within the
meaning of the
Psychologists
Registration Act
2000; or
(b) any other
prescribed person;
"family member", in relation
to a person, means
(a) the spouse of the
person or a person
in a significant
relationship with
the person, within
the meaning of the
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Motor Accidents (Liabilities and Compensation) Amendment Act
2007
Act No. of
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Relationships Act
2003; or
(b) a child of the
person; or
(c) a parent of the
person; or
(d) a sibling of the
person; or
(e) a relative, or step-
relative, of the
person who lives
with the person; or
(f) a prescribed
person.
9. Section 24 amended (Exclusions from scheduled
benefits)
Section 24(2)(a)(ii) of the Principal Act is
amended by omitting "or (2A)".
10. Section 27 amended (Scheduled benefits in relation
to liability for damages)
Section 27 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
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Motor Accidents (Liabilities and Compensation) Amendment Act
2007
Act No. of
s. 11
(2) Subsection (1) does not apply in respect
of medical benefits, or disability benefits,
paid in accordance with section 27A(4).
11. Section 28B amended (Recovery by Board of
scheduled benefits)
Section 28B(5)(d) of the Principal Act is
amended by omitting "or (2A)".
12. Section 28C amended (Recovery by Board from
non-indemnifiable person of scheduled benefits)
Section 28C of the Principal Act is amended as
follows:
(a) by omitting subsection (2) and
substituting the following subsection:
(2) The Board may recover from a
non-indemnifiable person a
scheduled benefit paid to any
other person in respect of
personal injury if the
circumstances of the motor
accident which resulted in the
personal injury
(a) created a liability in the
non-indemnifiable person
to pay damages; or
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Motor Accidents (Liabilities and Compensation) Amendment Act
2007
Act No. of
s. 12
(b) would have created such a
liability in the non-
indemnifiable person if
the motor accident had
occurred in this State.
(b) by omitting from subsection (3)(a)
"damages" and substituting "damages or
would have created such a liability if the
motor accident had occurred in this
State".
10 Government Printer, Tasmania