TRANSPORT ACCIDENT ACT 1986 - SECT 105 Amounts to be repaid to Commission where damages recovered

TRANSPORT ACCIDENT ACT 1986 - SECT 105

    (1)     If—

        (a)     the Commission has paid an amount under Division 1 of Part 10 in respect of an injury or death resulting from an accident; or

        (b)     the Motor Accidents Board, before the commencement of this section, paid an amount under the Motor Accidents Act 1973 , the Accident Compensation Act 1985 or under section 8(2A) or (2B) of the Workers Compensation Act 1958 in respect of an injury or death resulting from an accident—

and a person recovers damages from a person who—

        (c)     is not entitled to be indemnified in respect of the payment of those damages under a contract of insurance complying with Division 1 of Part V of the Motor Car Act 1958 as in force immediately before the commencement of section 34; and

        (d)     is not a person with whom an agreement under section 70, 71, 72, 73 or 74 of the Motor Accidents Act 1973 was in force at the time of the accident—

the first-mentioned person is liable to pay to the Commission the amount paid by the Commission or the Motor Accidents Board or, if the amount of the damages recovered is less than the amount paid by the Commission or the Motor Accidents Board, the amount of the damages.

    (2)     In subsection (1), "damages" does not include an amount of compensation paid under the provisions of section 98 of the Accident Compensation Act 1985 or section 11 of the Workers Compensation Act 1958 or of a law that is, in relation to those provisions, a corresponding law.