• Specific Year
    Any

MOTOR ACCIDENTS (LIABILITIES AND COMPENSATION) ACT 1973 - SECT 2 Interpretation

MOTOR ACCIDENTS (LIABILITIES AND COMPENSATION) ACT 1973 - SECT 2

Interpretation

(1)  In this Act unless the contrary intention appears –
act of terrorism has the meaning given by section 2A ;
adult average weekly earnings means the dollar figure for full-time adult ordinary time earnings for persons set out under the heading "AVERAGE WEEKLY EARNINGS, Australia: Original" in catalogue number 6302.0 published by the Australian Bureau of Statistics, as amended from time to time;
appointed day means 1st December 1974;
beach means any land (whether above or below high-water mark) which forms, or forms part of, the beach or shore of the sea or any tidal waters;
Board means the Motor Accidents Insurance Board;
Commonwealth pension means any periodical payment made under any Act of the Commonwealth the entitlement to which arises by reason of the death of any person or by reason of the age or disability of any person;
daily care means treatment, therapy, nursing services, assistance, supervision, services for rehabilitation or other care;
death benefits means death benefits referred to in the regulations;
disability allowance means a disability allowance referred to in the regulations;
disability benefits means disability benefits referred to in the regulations;
Foundation means the Injury Prevention and Management Foundation established under section 13A ;
function includes duty;
funeral benefits means funeral benefits referred to in the regulations;
interstate motor vehicle means a motor vehicle that –
(a) is normally used by a resident of another State or a Territory in that State or Territory; and
(b) is required under a law of that State or Territory to be registered;
interstate premium means a premium, levy or other payment –
(a) that is required to be made under the law of another State or a Territory in respect of the use of an interstate motor vehicle in that State or Territory; and
(b) that substantially corresponds, in its effect, to a premium under this Act;
jurisdiction means any State or Territory of the Commonwealth, or any country or other jurisdiction outside the Commonwealth;
medical benefits means medical benefits referred to in the regulations;
motor accident means an accident directly involving a motor vehicle;
motor vehicle means a motor vehicle or a trailer as defined in the Vehicle and Traffic Act 1999 ;
motor vehicle race has the same meaning as it has for the purposes of Division III of Part VI of the Police Offences Act 1935 ;
offer of compromise means an offer of compromise within the meaning of the Supreme Court Rules 2000 ;
owner of a motor vehicle means –
(a) any person who owns or has property in the vehicle; and
(b) any person who is the registered operator of the vehicle;
permitted out-of-State vehicle means a motor vehicle that –
(a) is registered elsewhere than in this State or in respect of which a permit issued elsewhere than in this State is in force; and
(b) may lawfully be driven or used on a public street in this State without being registered under the Vehicle and Traffic Act 1999 ;
personal injury means death or physical or mental injury and includes –
(a) prenatal injury; and
(b) nervous shock; and
(c) damage to prescription spectacles, a prescription contact lens, denture, hearing aid, crutch, wheelchair, artificial limb, prosthetic device or prescribed item;
police officer means –
(a) in respect of a personal injury suffered in Tasmania, a police officer in this State; and
(b) in respect of a personal injury suffered in another State or a Territory of the Commonwealth, a police officer in that State or Territory;
premium means a premium payable under section 30 ;
public street has the same meaning as it has for the purposes of the Traffic Act 1925 ;
registered , when used in relation to a motor vehicle means –
(a) registered under the Vehicle and Traffic Act 1999 ; and
(b) registered under a law of any jurisdiction outside the State requiring the registration of motor vehicles;
registered operator of a motor vehicle means the person registered under the Vehicle and Traffic Act 1999 or a corresponding law of another State or a Territory as the registered operator of the motor vehicle;
Registrar means the Registrar of Motor Vehicles appointed or employed under section 5 of the Vehicle and Traffic Act 1999 ;
regulations means regulations made and in force under this Act;
resident of another State or a Territory has the meaning given by section 2B(2) ;
resident of this State has the meaning given by section 2B(1) ;
scheduled benefits means the benefits specified in the regulations;
third party insurance policy means a policy of insurance indemnifying a person in respect of third party liabilities incurred by him;
third party liability means a liability incurred by a person as the owner or user of a motor vehicle in respect of any personal injury to another person resulting directly from a motor accident;
Tribunal means the Tasmanian Civil and Administrative Tribunal.
(2)  References in this Act to the damages payable to any person in respect of a personal injury shall be construed as including any damages payable for the benefit of that person in respect of that personal injury.
(3)  For the purposes of this Act a person shall be regarded as taking part in the motor vehicle race while –
(a) he is engaged in conducting, or assisting in conducting, the race;
(b) he is in charge of, or in, a motor vehicle competing or taking part in the race; or
(c) he is assisting, or employed to assist, any person regarded as taking part in the race by virtue of paragraph (a) or paragraph (b) , in connection with the race or any motor vehicle competing or taking part therein, and any motor vehicle driven by or in charge of any person taking part in a motor vehicle race shall be deemed to be taking part in that race.
(4)  For the purposes of this Act, a person suffers personal injury from a motor accident if the injury results directly from –
(a) a collision, or action taken to avoid a collision, with a motor vehicle, whether the motor vehicle is stationary or moving; or
(b) a motor vehicle moving out of control; or
(c) the driving of a motor vehicle.
(5)  For the purposes of this Act, a person requires daily care if, as a result of having suffered personal injury resulting directly from a motor accident, the person requires, or is likely to require, daily care for at least 2 hours a day for an indefinite period, commencing not later than one year after the date of the accident.