Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A CTP policy does not insure against the risk of 1 or more of the following:
(a) liability to pay compensation under the Workers Compensation Act 1951 (or a corresponding law of a State or another Territory);
(b) liability that may be incurred under an agreement unless the liability would have arisen without the agreement;
(c) liability that is attributable to an act that, having regard to the nature of the act and the context in which the act was done, it is reasonable to characterise as an act of terrorism;
Note See s (3) in relation to when it is reasonable to characterise an act as an act of terrorism.
(d) liability for personal injury, damage or loss—
(i) that arises independently of a wrongful act or omission; or
(ii) to the extent that the personal injury, loss or damage is attributable to the injured person's own wrongful act or omission;
(e) liability to pay exemplary, punitive or aggravated damages;
(f) liability to pay damages for a personal injury that arises gradually from a series of incidents;
(g) any other liability prescribed by regulation.
(2) To remove any doubt, a CTP policy does not insure the responsible person for a motor vehicle, or the driver of a motor vehicle, if—
(a) the motor vehicle is in an area that is subject to a declaration under the Road Transport (General) Act 1999 , section 12 (Power to include or exclude areas in road transport legislation) that has the effect of disapplying this Act; or
(b) the motor vehicle is subject to a declaration under the Road Transport (General) Act 1999 , section 13 (Power to exclude vehicles, people or animals from road transport legislation) that has the effect of disapplying this Act; or
(c) the responsible person or driver is subject to a declaration under the Road Transport (General) Act 1999 , section 13 that has the effect of disapplying this Act.
(3) For subsection (1) (c)—
(a) an act cannot be characterised as an act of terrorism unless the act—
(i) causes or threatens to cause death, personal injury or damage to property; and
(ii) is designed to influence a government or intimidate the public or a section of the public; and
(iii) is carried out for the purpose of advancing a political, religious, ideological, ethnic or similar cause; and
(b) a lawful activity or industrial action cannot be characterised as an act of terrorism.