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MOTOR ACCIDENTS (LIABILITIES AND COMPENSATION) ACT 1973 - SECT 18 Recovery by Board from owner or driver in certain cases

MOTOR ACCIDENTS (LIABILITIES AND COMPENSATION) ACT 1973 - SECT 18

Recovery by Board from owner or driver in certain cases

(1)  Where the Board has made payments in or towards the discharge of its obligations under this Part in respect of a liability incurred by a person as an owner or user of a motor vehicle, not being a trailer of a kind prescribed under section 29 (1AA) , and no premium had been paid for the use of the motor vehicle at the time of the motor accident giving rise to the liability, or a premium had not been paid for its use in the circumstances or under the conditions in which it was being used at that time, the Board may recover the amount of those payments from –
(a) the owner if the liability was incurred by the owner; or
(b) the person by whom the liability was incurred if that person was not the owner; or
(c) the owner of the motor vehicle if the liability was incurred by another person.
(1A)  Subsection (1)(c) does not apply if the owner of the motor vehicle shows that the other person who was using the motor vehicle at the time of the motor accident did so without the consent or acquiescence of the owner.
(2)  Where the Board has made payments in or towards the discharge of its obligations under this Part in respect of a liability incurred by a person as a person using a motor vehicle and at the time of the motor accident giving rise to the liability that person was using that motor vehicle without the authority or acquiescence of the owner thereof or without reasonable grounds for believing he had that authority or acquiescence the Board may recover the amount of those payments from that person.
(3)  Where the Board has made payments in or towards the discharge of its obligations under this Part in respect of a liability incurred by a person as an owner or user of a motor vehicle and that person is convicted –
(a) of murder or manslaughter; or
(ab) of causing death by dangerous driving; or
(ac) of causing grievous bodily harm by dangerous driving; or
(ad) of dangerous driving; or
(b) of an offence under section 32(1) of the Traffic Act 1925 ; or
(c) of an offence under section 4 of the Road Safety (Alcohol and Drugs) Act 1970 ; or
(d) in another State or a Territory of the Commonwealth of an offence which is substantially the same as an offence referred to in paragraph (a) , (ab) , (ac) , (ad), (b) or (c)  –
arising out of his use of that motor vehicle at the time of the motor accident giving rise to the liability the Board may recover the amount of those payments from that person.
(3A)  .  .  .  .  .  .  .  .  
(4)  A person from whom a sum is recoverable under this section in respect of that person's liability to another person has the same rights of contribution or indemnity in relation to that sum as that person would have had if –
(a) section 14(4A) did not apply; and
(b) that sum were damages to which the Wrongs Act 1954 applied.
(5)  Notwithstanding anything in the foregoing provisions of this section, where, in respect of any liability to which this section applies, the Board has recovered any sum by way of contribution or indemnity the amount otherwise recoverable by the Board under this section from the person by whom the liability was incurred is reduced by the amount so recovered by way of contribution or indemnity, and the rights of contribution or indemnity referred to in subsection (4) shall be deemed to have been discharged to the extent that they have been discharged by payments to the Board pursuant to section 14 (4A) .