Australian Capital Territory Consolidated Acts

ROAD TRANSPORT (THIRD-PARTY INSURANCE) ACT 2008 - SECT 62

    (1)     In this Act:

"unidentified motor vehicle"—

        (a)     means a motor vehicle that cannot be identified after reasonable inquiry and search; and

        (b)     includes a trailer that—

              (i)     is attached to an unidentified motor vehicle; or

              (ii)     runs out of control after becoming accidentally detached from an unidentified motor vehicle; and

        (c)     includes anything else prescribed by regulation; but

        (d)     does not include a motor vehicle that is designed to be driven for recreational purposes on an area that is not a road or road-related area.

Example—par (d)

a quad bike

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     To avoid any doubt, it does not matter whether a trailer mentioned in subsection (1) (b) is registered.

    (3)     The inquiry or search may be proved orally or by affidavit of the person who made the inquiry or search.

Note 1     The claimant must prove that reasonable inquiry or search has been carried out before the nominal defendant may be added as a later respondent (see s 91).

Note 2     The respondent must prove that reasonable inquiry or search has been carried out before the nominal defendant may be added as a contributor (see s 93).