MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SCHEDULE

MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SCHEDULE

[s. 6]

        [Heading inserted: No. 19 of 2010 s. 23.]

INSURANCE POLICY

issued under the Motor Vehicle (Third Party Insurance) Act 1943

                The INSURANCE COMMISSION OF WESTERN AUSTRALIA, subject to the warranties and conditions contained in this Policy and to the provisions of the Motor Vehicle (Third Party Insurance) Act 1943 , in this Policy referred to as the Act , agrees to insure the owner of the motor vehicle described in the Traffic Licence issued herewith and any other person who drives that motor vehicle, whether with or without the consent of the owner, in respect of all liability for negligence which may be incurred by the owner or other person in respect of the death of or bodily injury to any person directly caused by, or by the driving of, that motor vehicle in any part of the Commonwealth during the period from the date of the issue of this Policy to the date of expiry of the said Traffic Licence.

WARRANTIES

                The owner warrants that the vehicle will not be —

            (a)         used for any other purpose than that stated by the owner in his application for this Policy;

            (b)         driven in an unsafe or damaged condition;

            (c)         driven by or in charge of himself or any other person who is unlicensed to drive or who is under the influence of intoxicating liquor.

                It shall be a defence to any action in respect of the warranty contained in subclause (c) if the owner proves that the vehicle was so driven or in charge of such other person without his knowledge or consent.

CONDITIONS

        1.         The owner and any other person claiming indemnity under this Policy shall comply with the provisions of sections 10 and 11 of the Act.

        2.         Sections 7(5) and 15 of the Act are deemed to be incorporated in this insurance.

        3.         The Commission is entitled to all rights remedies and benefits which may accrue to it by virtue of the Act.

        4.         This contract of insurance is subject to the provisions of the Act.

        [Schedule inserted: No. 107 of 1987 s. 15; amended: No. 45 of 1996 s. 38; No. 19 of 2010 s. 23.]

Notes

This is a compilation of the Motor Vehicle (Third Party Insurance) Act 1943 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Other notes

¹         For the purposes of s. 3C and 3D, the Amounts A, B, C and D for the financial years beginning after 30 June 1994 up to the date of this compilation are as set out in this Table.

²         This provision was renumbered in the 1950 Reprint.

³         The Motor Vehicle (Third Party Insurance) Amendment Act 1986 s. 4 reads as follows:

“

4.         Validity of existing contracts

                A contract entered into before the coming into operation of this Act —

            (a)         is as valid and effectual as it would be;

            (b)         shall be deemed to have always been as valid and effectual as it would have been,

                if this Act had come into operation on 1 July 1944.

”.

⁴         The Motor Vehicle (Third Party Insurance Surcharge) Repeal Act 1988 s. 9 is a savings provision that is of no further effect.

⁵         The Machinery of Government (Planning and Infrastructure) Amendment Act 2002 s. 67-69 read as follows:

“

67.         Agreements under former Transport Co-ordination Act 1966 section 15C

        (1)         To the extent that, immediately before the commencement of this Act, an agreement under the former section 15C made provision about the performance of functions of the former Director General under a relevant Act, the agreement continues, when this Act comes into operation, as an agreement under the new provision of the relevant Act.

        (2)         To the extent that the agreement continues under subsection (1), it applies as if —

            (a)         instead of being made by the Minister referred to in the former section 15C, the agreement had been made by the Director General referred to in the new provision of the relevant Act; and

            (b)         instead of providing for the performance of functions of the former Director General, the agreement made similar provision for the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act.

        (3)         In this section —

        former Director General means the Director General of Transport under the Transport Co-ordination Act 1966 section 8 as in force before it was repealed by this Act;

        former section 15C means the Transport Co-ordination Act 1966 section 15C as in force before it was repealed by this Act;

        new provision means —

            (a)         the Control of Vehicles (Off-road Areas) Act 1978 section 4B;

            (b)         the Motor Vehicle Drivers Instructors Act 1963 section 4A;

            (c)         the Motor Vehicle (Third Party Insurance) Act 1943 section 3QA; or

            (d)         the Road Traffic Act 1974 section 6B;

        relevant Act means —

            (a)         the Control of Vehicles (Off-road Areas) Act 1978 ;

            (b)         the Motor Vehicle Drivers Instructors Act 1963 ;

            (c)         the Motor Vehicle (Third Party Insurance) Act 1943 ; or

            (d)         the Road Traffic Act 1974 .

68.         Delegations under former Transport Co-ordination Act 1966 section 18

        (1)         To the extent that, immediately before the commencement of this Act, a delegation under the former section 18 applied to the performance of functions or powers of the former Director General under a relevant Act, the delegation continues, when this Act comes into operation, as a delegation under the new provision of the relevant Act.

        (2)         To the extent that the delegation continues under subsection (1), it applies as if —

            (a)         instead of being made by the former Director General, the delegation had been made by the Director General referred to in the new provision of the relevant Act;

            (b)         instead of delegating the performance of functions of the former Director General, the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act were delegated; and

            (c)         any Ministerial approval that would have been required in order for the delegation to be made under the new provision of the relevant Act had been given.

        (3)         In this section —

        former Director General means the Director General of Transport under the Transport Co-ordination Act 1966 section 8 as in force before it was repealed by this Act;

        former section 18 means the Transport Co-ordination Act 1966 section 18 as in force before it was amended by this Act;

        new provision means —

            (a)         the Control of Vehicles (Off-road Areas) Act 1978 section 4A;

            (b)         the Motor Vehicle Drivers Instructors Act 1963 section 4;

            (c)         the Motor Vehicle (Third Party Insurance) Act 1943 section 3QB;

            (d)         the Rail Safety Act 1998 section 57A;

            (e)         the Road Traffic Act 1974 section 6A; or

            (f)         the Transport Co-ordination Act 1966 section 18;

        relevant Act means —

            (a)         the Control of Vehicles (Off-road Areas) Act 1978 ;

            (b)         the Motor Vehicle Drivers Instructors Act 1963 ;

            (c)         the Motor Vehicle (Third Party Insurance) Act 1943 ;

            (d)         the Rail Safety Act 1998 ;

            (e)         the Road Traffic Act 1974 ; or

            (f)         the Transport Co-ordination Act 1966 .

69.         Regulations about transitional matters

        (1)         If there is no sufficient provision in this Act for dealing with a transitional matter, regulations under an Act amended by this Act may include any provision that is required, or is necessary or convenient, for dealing with the transitional matter.

        (2)         In subsection (1) —

        transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the Acts amended by this Act as in force before this Act comes into operation to the provisions of those Acts as in force after this Act comes into operation.

        (3)         Regulations including a provision described in subsection (1) may be expressed to have effect before the day on which they are published in the Gazette .

        (4)         To the extent that a regulation including a provision described in subsection (1) may have effect before the day of its publication in the Gazette , it does not —

            (a)         affect in a manner prejudicial to any person (other than the State or an agency of the State), the rights of that person existing before the day of its publication; or

            (b)         impose liabilities on any person (other than the State or an agency of the State) in respect of anything done or omitted to be done before the day of its publication.

Defined terms



[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)

action or proceedings         16(1)

Amount A         3C(1)

Amount B         3C(1)

Amount C         3C(1)

Amount D         3D(7)

assessed treatment, care and support needs         3(1)

catastrophic injury         3(1)

CISS         3(1)

commencement day         34(1)

Commission         3(1)

Commission officer         27C(1)

contract of insurance         3(1)

court         16(1)

Director General         3(1)

District Court         3(1)

driver         3(1)

emergency treatment         12(4)

Fund         3(1)

health profession         30(1)

health professional         30(1)

injured person         6A(2), 30(2)

insured person         3(1)

interim participant         3EA(1)

issued         34(1)

lifetime participant         3EA(1)

Minister         3(1)

motor vehicle         3(1), 4(10)

motor vehicle accident         6A(1)

MV(CI) Act         3(1)

non-pecuniary loss         3C(1)

owner         3(1), 3G(3)

pending action or proceedings         16(1)

policy of insurance         3(1)

proclaimed date         16(1)

relevant day         34(1)

repealed provision         34(1)

restrictive provisions         3FA(1)

the claimant         29(2)

the recalculation date         3C(8), 3D(8)

the relevant quarter         3D(4)

the Tribunal         16(1)

treatment, care and support needs         3EA(1), 3FB(1)

uninsured motor vehicle         3(1)

Vehicles Act         3(1)

© State of Western Australia 2023

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This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au .

Attribute work as: © State of Western Australia 2023

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By Authority: GEOFF O. LAWN, Government Printer