Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) AMENDMENT
(TERRORISM) BILL 2002
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 2 amended (Interpretation)
5. Section 2A inserted
2A. Meaning of "act of terrorism"
6. Section 14 amended (General liability of Board in respect
of motor accidents)
7. Section 24 amended (Exclusions from scheduled benefits)
[Bill 63]-IX
2
MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) AMENDMENT
(TERRORISM) BILL 2002
(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:
Short title
1. This Act may be cited as the Motor Accidents
(Liabilities and Compensation) Amendment (Terrorism)
Act 2002.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 63] 3
s. 3 No. Motor Accidents (Liabilities and 2002
Compensation) Amendment (Terrorism)
Principal Act
3. In this Act, the Motor Accidents (Liabilities and
Compensation) Act 1973* is referred to as the Principal
Act.
Section 2 amended (Interpretation)
4. Section 2(1) of the Principal Act is amended by
inserting after the definition of "adult average weekly
earnings" the following definition:
"act of terrorism" has the meaning given by
section 2A;
Section 2A inserted
5. After section 2 of the Principal Act, the following
section is inserted in Part I:
Meaning of "act of terrorism"
2A. (1) For the purposes of this Act, an "act of
terrorism" is an act done, or threat made, by a
person
(a) for an ethnic, ideological, political,
religious or similar purpose; and
(b) with the intention to
(i) cause personal injury or damage to
property; and
*No. 71 of 1973
4
2002 Motor Accidents (Liabilities and No. s. 6
Compensation) Amendment (Terrorism)
(ii) influence a government or put the
public, or a section of the public, in
fear.
(2) In determining whether an act or threat is
an act of terrorism, it does not matter whether the
person is acting alone or with others or in connection
with an organisation or government.
(3) In determining whether an act is done or a
threat is made for a purpose, or with an intention,
referred to in subsection (1), regard may be had to
the nature of the act or threat and the context in
which the act was done or the threat was made.
Section 14 amended (General liability of Board in
respect of motor accidents)
6. Section 14(4) of the Principal Act is amended as follows:
(a) by omitting from paragraph (b) "section 49 of
the Police Offences Act 1935." and substituting
"section 49 of the Police Offences Act 1935;
and";
(b) by inserting the following paragraph after
paragraph (b):
(c) any liability in respect of the
personal injury to a person
resulting directly from a motor
accident involving a motor vehicle
that at the time of the accident
was being used for the actual
doing of an act, or making of a
threat, that is an act of terrorism.
5
s. 7 No. Motor Accidents (Liabilities and 2002
Compensation) Amendment (Terrorism)
Section 24 amended (Exclusions from scheduled
benefits)
7. Section 24(1) of the Principal Act is amended as follows:
(a) by omitting from paragraph (g)(ii)(B) "vehicle."
and substituting "vehicle;";
(b) by inserting the following paragraph after
paragraph (g):
(h) where the personal injury to that
person results directly from a
motor accident involving a motor
vehicle that at the time of the
accident was being used for the
actual doing of an act, or making
of a threat, that is an act of
terrorism.
6 Government Printer, Tasmania