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This is a Bill, not an Act. For current law, see the Acts databases.
ROAD TRANSPORT (THIRD-PARTY INSURANCE) AMENDMENT BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Road
Transport (Third-Party Insurance) Amendment Bill 2009
Contents
Page
Part
3.1 Duties Act 1999 39
Part 3.2 Road
Transport (Offences) Regulation 2005 40
Part 3.3 Road
Transport (Public Passenger Services) Act 2001 49
Part 3.4 Road
Transport (Vehicle Registration) Act 1999 50
Part 3.5 Road
Transport (Vehicle Registration) Regulation 2000 51
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Road Transport
(Third-Party Insurance) Amendment Bill 2009
A Bill for
An Act to amend the
Road Transport (Third-Party
Insurance) Act 2008, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Road Transport (Third-Party Insurance) Amendment Act
2009.
This Act commences on the 5th day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Road Transport (Third-Party Insurance)
Act 2008.
Note 1 This Act also amends the Road Transport (Third-Party
Insurance) Regulation 2008 (see sch 2).
Note 2 This Act also amends the following legislation (see sch
3):
• Duties Act 1999
• Road Transport (Offences) Regulation 2005
• Road Transport (Public Passenger Services) Act
2001
• Road Transport (Vehicle Registration) Act 1999.
omit
5 What
is an insured motor vehicle?Section
15
substitute
15 What is an insured motor
vehicle?
In this Act:
insured motor vehicle means a motor vehicle, or other thing,
insured under a CTP policy.
Note The motor vehicles and other things insured under a
CTP policy are mentioned in s 19.
6 Offence—using
uninsured motor vehicle on road or road related
areaSection
17 (2)
substitute
(2) This section does not apply to a person who uses a motor vehicle on a
road or road related area if—
(a) there is an unregistered vehicle permit in force for the vehicle;
or
(b) the registration provisions do not apply to the vehicle because of the
Road Transport (Vehicle Registration) Regulation 2000, part 2.2
(Vehicles not subject to registration provisions); or
(c) the vehicle is exempted from this section by regulation.
substitute
19 What is insured under a
CTP policy?
A CTP policy has the following subjects:
(a) a registered motor vehicle;
(b) a motor vehicle with a valid trader’s plate attached;
(c) a trailer or anything else that—
(i) is attached to a vehicle mentioned in paragraph (a) or (b);
or
(ii) becomes detached from a vehicle mentioned in paragraph (a) or
(b) and runs out of control;
(d) anything else prescribed by regulation.
8 What
risks are not covered by a CTP
policy?Section
22 (2)
omit
the owner or driver of a motor vehicle
substitute
the responsible person for a motor vehicle, or the driver of a motor
vehicle,
omit
owner
substitute
responsible person
substitute
23 Who is the
CTP insurer?
In this Act:
CTP insurer means—
(a) for an insured motor vehicle—
(i) that is a registered motor vehicle—the licensed insurer selected
under section 28 (Selecting at first registration) or section 29
(Selecting at renewal of registration) as the CTP insurer for the motor
vehicle; or
(ii) with a valid trader’s plate attached—the licensed insurer
selected under section 30 (Selecting when applying for trader’s
plates) as the CTP insurer for a motor vehicle to which the trader’s
plate may be attached; or
(b) for a trailer or other thing that is—
(i) mentioned in section 19 (c) (What is insured under a
CTP policy?)—the insurer for the motor vehicle to which the trailer
or thing is attached or becomes detached; or
(ii) prescribed by regulation under section 19 (d)—the
entity prescribed by regulation; or
(c) for a CTP insured person—the CTP insurer for the
CTP policy under which the person is insured; or
(d) for a CTP policy—the CTP insurer that issued the
policy.
substitute
26 CTP policy not affected by transfer etc of
vehicle or trader’s plate
(1) A CTP policy for an insured motor vehicle is not affected by a
change in who is the responsible person for the vehicle.
(2) A CTP policy for a registered motor vehicle is not affected by a
transfer of the registration of the vehicle.
Note Registration of a vehicle may be transferred under the Road
Transport (Vehicle Registration) Regulation 2000, pt 4.2.
(3) A CTP policy for a motor vehicle with a trader’s plate
attached is not affected by a transfer of the trader’s plate.
Note A trader’s plate may be transferred under the Road
Transport (Vehicle Registration) Regulation 2000, s 100.
(4) If the road transport authority becomes aware of any of the following
changes in relation to an insured motor vehicle, the road transport authority
must tell the CTP insurer for the motor vehicle about the change:
(a) a change in who is the responsible person for the vehicle;
(b) a change in registration details of the vehicle;
(c) a change of person to whom a trader’s plate is issued.
12 What
is a registered motor
vehicle?Section 30
relocate as section 12
in part 2.3, insert
30 Selecting when applying for trader’s
plates
If a person applies to the road transport
authority for a trader’s plate, the person must also—
(a) select, in a way approved by the road transport authority, a licensed
insurer to be the CTP insurer under a CTP policy for a motor vehicle
to which the trader’s plate may be attached for the period for which the
trader’s plate is issued; and
(b) pay to the road transport authority the CTP premium for the
CTP policy for the period for which the trader’s plate is
issued.
Note 1 The road transport authority may issue a trader’s plate
to a person under the Road Transport (Vehicle Registration)
Regulation 2000, s 88.
Note 2 CTP premiums must be decided in accordance with pt
2.6.
substitute
32 CTP policy in effect while insurer on
risk—registered motor vehicles
omit
a motor vehicle
substitute
a registered motor vehicle
16 Insurer
on risk—period of
registrationSection 33 (1)
omit
a motor vehicle
substitute
a registered motor vehicle
omit
if registration
substitute
if the registration
omit
A CTP insurer
substitute
The CTP insurer
19 New
section 33 (3), note
insert
Note Cancellation of CTP policies is dealt with in
s 36.
20 New
sections 34A and 34B
in part 2.4, insert
34A CTP policy takes effect on attachment of
trader’s plate
If the road transport authority issues a trader’s plate to a person,
a CTP policy comes into force for a motor vehicle to which the
trader’s plate is attached—
(a) when the trader’s plate is attached to the motor vehicle;
and
(b) only if the trader’s plate is a valid trader’s
plate.
34B CTP policy in effect while insurer on
risk—trader’s plates
(1) A CTP policy for a motor vehicle with a valid trader’s
plate attached is in force for the period for which the CTP insurer is on
risk under this section.
(2) The CTP insurer of the motor vehicle is on risk for the period
for which the valid trader’s plate is attached to the motor
vehicle.
(3) The CTP insurer ceases to be on risk if the trader’s plate
is detached from the vehicle.
(4) The CTP insurer ceases to be on risk if the CTP policy is
cancelled.
Note Cancellation of CTP policies is dealt with in
s 36A.
substitute
36 CTP policy cancellation—registered
vehicles
A CTP policy for a registered motor vehicle is cancelled if the
registration of the motor vehicle is cancelled.
36A CTP policy cancellation—trader’s
plates
(1) A CTP policy for a motor vehicle with a trader’s plate
attached is cancelled if—
(a) the road transport authority requires the person to whom the
trader’s plate was issued to return the plate to the authority under the
Road Transport (Vehicle Registration)
Regulation 2000—
(i) section 89 (Recall of trader’s plates); or
(ii) section 101 (Return of trader’s plate); or
(b) the trader’s plate is surrendered to the road transport
authority under the Road Transport (Vehicle Registration)
Regulation 2000, section 102 (Surrender of trader’s
plates).
(2) However, the CTP policy is not cancelled if the person returns
the trader’s plate and the road transport authority issues a replacement
trader’s plate to the person under the Road Transport (Vehicle
Registration) Regulation 2000, section 89 (3).
substitute
59 Who is the nominal
defendant?
23 Section 59
(as amended)
relocate as section 13
in part 2.7, insert
59 Nominal defendant liable—unregistered
vehicle permits
(1) This section applies if—
(a) a personal injury is caused by a motor accident; and
(b) at the time of the motor accident, an unregistered vehicle permit is
in force for the motor vehicle involved in the motor accident; and
(c) the motor accident happened anywhere in Australia.
Note Motor accident is defined in s 7.
Personal
injury is defined in s 6.
(2) The nominal defendant is liable in relation to the personal injury as
if—
(a) a CTP policy were in force for the motor vehicle; and
(b) the nominal defendant were the CTP insurer for the
CTP policy.
Note CTP policy is defined in s 18.
(3) However, the nominal defendant is not liable in relation to the
personal injury—
(a) if—
(i) the motor accident happened on an area that is not a road and is open
to or used by the public for driving, riding or parking vehicles; and
(ii) at the time the motor accident happened, the person injured was a
trespasser on the land; or
Note The area described in subpar (i) is a road related area
(see dict, def road related area par (a) (iv)).
(b) if the motor vehicle is owned by—
(i) the Commonwealth, or an entity representing the Commonwealth;
or
(ii) the Territory, or an entity representing the Territory; or
(c) if at the time the motor accident happened—
(i) the motor vehicle was registered under either the law of a place other
than the ACT or under a law of the Commonwealth; and
(ii) the motor vehicle was—
(A) covered under a policy of compulsory third-party insurance;
or
(B) subject to coverage under a compulsory motor vehicle or trailer
accident compensation scheme of that place or of the Commonwealth; or
(d) if a regulation prescribes that, in the circumstances, the nominal
defendant is not liable in relation to the personal injury.
Note The nominal defendant is also not liable for the risks
mentioned in s 22.
25 What
is an uninsured motor
vehicle?Section 60 (1) (c)
substitute
(c) includes anything else prescribed by regulation; but
(d) does not include a motor vehicle for which an unregistered vehicle
permit is in force.
26 Nominal
defendant may deal with motor accident
claimSection 64 (1) (b), note, third
dot point
omit
owner
substitute
responsible person
27 Section
64 (as amended)
relocate to part 4.1 as section 83A
28 Nominal
defendant to pay motor accident claims from nominal defendant
fundNew
section 65 (1) (a)
substitute
(a) an amount payable in satisfaction of a motor accident claim made, or
judgment obtained, under—
(i) section 59 (Nominal defendant liable—unregistered vehicle
permits); or
(ii) section 61 (Nominal defendant liable—uninsured motor
vehicle); or
(iii) section 63 (Nominal defendant liable—unidentified motor
vehicle); or
substitute
Note The nominal defendant fund is established under
s 163B.
30 Section
65 (as amended)
relocate to part 4.10A as section 163A
31 Nominal
defendant fundSection 66
(2)
substitute
(2) The following must be paid into the nominal defendant fund:
(a) any penalties or penalty interest imposed under this Act;
(b) amounts recovered by the nominal defendant under this Act;
Note The nominal defendant may recover amounts under:
• s 172 (Insurer may recover costs if motor vehicle
defective)
• s 173 (Insurer may recover costs if fraud)
• s 174 (Nominal defendant may recover costs from responsible
person or driver)
• s 242 (Nominal defendant may recover from insolvent
insurer).
(c) amounts collected under section 163C;
(d) UVP liability contributions paid under section 163E;
(e) interest from time to time accruing from the investment of the nominal
defendant fund;
(f) amounts required to be paid into the nominal defendant fund under this
or another Act.
omit
section 65
substitute
section 163A
33 Section
66 (as amended)
relocate to part 4.10A as section 163B
34 Collections
for nominal defendant fundSection
67
relocate to part 4.10A as section 163C
35 Mandatory
final offersSection 141, new note
2
insert
Note 2 A mandatory final offer for $50 000 or less must be
exclusive of any amount for costs (see s 144 (1)).
substitute
144 Working out costs for mandatory final
offers
(1) A mandatory final offer for $50 000 or less must be exclusive of
any amount for costs.
(2) If a mandatory final offer is for
$50 000 or less but for more than $30 000, and is accepted, costs must
be worked out and paid in the way prescribed by regulation.
(3) If a mandatory final offer is for $30 000 or less, and is
accepted, costs must be $0.
after section 163, insert
Part 4.10A Nominal defendant
fund
163D CTP regulator must decide contribution for
nominal defendant liability
(1) The CTP regulator must decide an amount (the UVP liability
contribution) to be paid to fund the present and likely future liability
of the nominal defendant under this Act for claims in relation to unregistered
vehicle permits.
(2) The CTP regulator must make guidelines for UVP liability contributions
(UVP liability contribution guidelines).
(3) Without limiting subsection (2), the guidelines may provide for
the following:
(a) how UVP liability contributions are to be worked out;
(b) the factors to be taken into account in working out UVP liability
contributions.
(4) A UVP liability contributions guideline is a disallowable
instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
163E UVP liability contribution to be paid with
unregistered vehicle permit
If a person applies to the road transport
authority for an unregistered vehicle permit for a motor vehicle, the person
must also pay to the road transport authority the UVP liability contribution for
the period of the permit.
Note 1 Unregistered vehicle permits are issued under the Road
Transport (Vehicle Registration) Act 1999, s 7.
Note 2 UVP liability contributions paid to the road transport
authority under this section must be paid into the nominal defendant fund
(see s 163B).
38 CTP insurer
may recover costs if no authority to use
vehicleSection 169 (1) (b)
substitute
(b) the CTP insured person was, at the time of the motor accident,
using the motor vehicle—
(i) without the authority of the responsible person for the vehicle;
and
(ii) without lawful justification or excuse; and
(iii) without reasonable grounds for believing that the CTP insured
person had the authority of the responsible person, or lawful justification or
excuse, for using the motor vehicle.
substitute
174 Nominal defendant may recover costs from
responsible person or driver
(1) This section applies if personal injury is caused by a motor accident
involving an uninsured motor vehicle or an unidentified motor vehicle.
Note The nominal defendant is liable in relation to uninsured motor
vehicles (see s 61), and unidentified motor vehicles
(see s 63).
(2) The nominal defendant may recover as a debt from the responsible
person for the vehicle, or the driver of the vehicle, or both, any costs
reasonably incurred by the nominal defendant for a motor accident claim for the
personal injury.
(3) It is a defence to a proceeding under this section against the
responsible person for the vehicle if the responsible person proves
that—
(a) the motor vehicle was driven without the authority of the responsible
person; or
(b) the responsible person believed on reasonable grounds that the motor
vehicle was insured.
(4) It is a defence to a proceeding under this section against the driver
for the driver to prove that the driver believed on reasonable grounds
that—
(a) the driver had the responsible person’s consent to drive the
motor vehicle; and
(b) the motor vehicle was insured.
(5) The nominal defendant may bring a
proceeding for recovery of costs under this section before the costs have been
actually paid in full and, in that case, a judgment for recovery of costs may
provide that, as far as the costs have not been actually paid, the right to
recover the costs is contingent on payment.
(6) This section does not affect a right of
recovery that the nominal defendant may have, apart from this section, against
the insured person.
Note An amount recovered under this section must be paid into the
nominal defendant fund (see s 163B).
40 Offence—contravening
licence conditionSection 188 (2), notes 1
and 2
substitute
Note 1 Penalties imposed under this Act must be paid into the
nominal defendant fund (see s 163B).
Note 2 Contravention of a licence condition is also grounds
for—
• suspension of the CTP insurer licence
(see s 194)
• the CTP regulator to apply to the ACAT for an occupational
discipline order in relation to the licensed insurer (see
pt 5.4).
However, if a licensed insurer is convicted of an offence under this
section, the ACAT must not order the licensed insurer to pay an amount to the
Territory or someone else in relation to the same act or omission (see s 202
(3)).
41 Grounds
for licence
suspension—contraventionsSection 194
(1) (b)
substitute
(b) a condition of the insurer’s CTP insurer licence;
or
42 Section
194 (2), note 2
substitute
Note 2 The grounds in s (1) are also grounds for the CTP regulator
to apply to the ACAT for an occupational discipline order in relation to the
licensed insurer (see pt 5.4).
substitute
Part 5.4 Occupational
discipline
198 Meaning of licensed insurer—pt
5.4
In this part:
licensed insurer includes a former licensed
insurer.
199 CTP regulator may choose occupational discipline
instead of prosecution
In regulating the operation of licensed insurers, the CTP regulator
may, but need not, choose to apply to the ACAT for an occupational discipline
order in relation to licensed insurers rather than pursuing a prosecution under
this Act if the CTP insurer believes on reasonable grounds it would be in the
public interest to do so.
Note The CTP regulator may apply to the ACAT under
s 201.
200 Grounds for occupational
discipline
(1) Each of the following is a ground for occupational discipline
in relation to a licensed insurer:
(a) the licensed insurer has contravened this Act;
(b) the licensed insurer has contravened a condition of the
insurer’s CTP insurer licence;
(c) the licensed insurer has contravened the insurance industry
deed;
(d) the licensed insurer has contravened, or is contravening, an
occupational discipline order;
(e) the licensed insurer’s licence was obtained by fraud or
mistake;
(f) another ground prescribed by regulation.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(2) However, subsection (1) (a), (b) and (c) apply to a former
licensed insurer only in relation to anything that happened while the person was
licensed.
Note The grounds in s (1) (a), (b) and (c) are also the grounds for
licence suspension under s 194.
201 Applications to ACAT for occupational
discipline
If the CTP regulator believes on reasonable grounds that a ground for
occupational discipline exists in relation to a licensed insurer, the CTP
regulator may apply to the ACAT for an occupational discipline order in relation
to the licensed insurer.
202 Occupational discipline orders
(1) This section applies if the ACAT may make an occupational discipline
order in relation to a licensed insurer.
Note The ACT Civil and Administrative Tribunal Act 2008, s 65
sets out when the ACAT may make an order.
(2) In addition to any other occupational discipline order that the ACAT
may make, the ACAT may require the licensed insurer to pay an amount to the
Territory or someone else, of not more than—
(a) if the licensed insurer is an individual—$10 000; or
(b) if the licensed insurer is a corporation—$50 000.
Note The ACT Civil and Administrative Tribunal Act 2008, s 66
sets out other occupational discipline orders the ACAT may make.
(3) However, if a licensed insurer is convicted of an offence under
section 188 (Offence—contravening licence condition) in relation to
an act or omission, the ACAT must not make an occupational discipline order
requiring the licensed insurer to pay an amount to the Territory or someone else
in relation to the same act or omission.
(4) If the ACAT orders a licensed insurer to pay an amount, the amount
must be paid into the nominal defendant fund.
substitute
273 Who is the CTP
regulator?
insert
(4) The CTP regulator may delegate the CTP regulator’s functions
under the road transport legislation to a public employee.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
46 Section
273 (as amended)
relocate as section 14
47 Delegation
of CTP regulator’s
functionsSection 274
omit
48 Regulation-making
power Section 277 (2) and
note
substitute
(2) A regulation may deal with the CTP premium board.
Note The CTP premium board is established in s 47.
omit
insert
Part 9.1 Transitional—Road Transport
(Third-Party Insurance) Act 2008
substitute
280 Definitions—pt 9.1
omit
chapter
substitute
part
omit
chapter
substitute
part
substitute
287 Expiry—pt 9.1
omit
chapter
substitute
part
after section 287, insert
Part 9.2 Transitional—Road Transport
(Third-Party Insurance) Amendment Act 2009
288 Definitions—pt 9.2
In this part:
commencement day means the day the Road Transport
(Third-Party Insurance) Amendment Act 2009, section 3
commences.
former CTP provisions means the Road Transport
(Third-Party Insurance) Act 2008 as in force immediately before the
commencement day.
Note 1 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
Note 2 Under the Road Transport (Third-Party Insurance)
Regulation 2008, s 101, the Road Transport (General)
Act 1999, part 10 (repealed) as in force immediately before the
commencement day continues to apply in relation to trader’s plates as if
the Road Transport (Third-Party Insurance) Act 2008 had not been
enacted.
third-party policy means an insurance policy issued under the
former CTP provisions.
289 Transitional—personal injury
claims
(1) This section applies to a third-party policy, for a motor vehicle with
a valid trader’s plate attached, that was in force immediately before the
commencement day.
(2) The third-party policy continues in force until the earlier of the
following:
(a) the policy is replaced by a CTP insurance policy;
(b) the motor vehicle no longer has a valid trader’s plate
attached.
(3) If personal injury arises out of a motor vehicle accident that
happened before the commencement day, a claim for the personal injury must be
dealt with as if the Road Transport (Third-Party Insurance) Amendment Act
2009 had not been enacted.
(4) To remove any doubt, if personal injury arises out of a motor vehicle
accident that happens on or after the commencement day, a claim for the personal
injury must be dealt with under this Act, even if the accident happens while a
third-party policy under the former CTP provisions is in force in relation to
the risk.
290 Expiry—pt 9.2
This part expires 1 year after the commencement day.
insert
• ACAT
• occupational discipline order
58 Dictionary,
definition of ground for disciplinary action
substitute
ground for occupational discipline—see
section 200.
59 Dictionary,
definition of licensed insurer, paragraph (b)
substitute
(b) for part 5.4 (Occupational discipline)—see
section 198.
60 Dictionary,
definition of owner
omit
61 Dictionary,
new definitions
insert
responsible person, for a vehicle—see the Road
Transport (General) Act 1999, section 10 and section 11.
trader’s plate—see the Road Transport (Vehicle
Registration) Act 1999, dictionary.
unregistered vehicle permit—see the Road Transport
(Vehicle Registration) Act 1999, dictionary.
UVP liability contribution—see
section 163D.
valid trader’s plate means a trader’s plate
that—
(a) is issued by the road transport authority to a person; and
(b) the road transport authority has not required the person to return to
the authority under the Road Transport (Vehicle Registration) Regulation
2000—
(i) section 89 (Recall of trader’s plates); or
(ii) section 101 (Return of trader’s plate); and
(c) has not been surrendered to the road transport authority under the
Road Transport (Vehicle Registration) Regulation 2000, section 102
(Surrender of trader’s plates).
Schedule
1 Road Transport (Third-Party
Insurance) Act 2008—Other amendments
(see s 3)
omit
s 66
substitute
s 163B
omit
Magistrates Court Act 1930, section 132
substitute
Road Transport (General) Act 1999, section 51
[1.3] Section
263 (c) (i)
omit
section 132
substitute
section 51
[1.4] Dictionary,
definition of CTP regulator
omit
section 273
substitute
section 14
[1.5] Dictionary,
definition of nominal defendant
omit
section 59
substitute
section 13
[1.6] Dictionary,
definition of nominal defendant fund
omit
section 66
substitute
section 163B
[1.7] Dictionary,
definition of registered motor vehicle
omit
section 30
substitute
section 12
[1.8] Further
amendments, mentions of s 66
omit
s 66
substitute
s 163B
in
• section 112, note
• section 116, note
• section 172, note
• section 173, note
• section 180, note
• section 190, note
• section 197, note
• section 221, note
• section 222, note
• section 225, note
• section 229, note
• section 233, note
• section 234, note
• section 235, note
• section 236, note
• section 242, note
• section 243, note
• section 244, note
• section 245, note
• section 253, note
• section 277 (3), note 1
Schedule
2 Road Transport (Third-Party
Insurance) Regulation 2008—Consequential amendments
(see s 3)
[2.1] Section 8,
definition of CTP premium class, paragraph (a)
substitute
(a) a kind of motor vehicle or trader’s plate mentioned in
column 2 for the item; and
substitute
10 CTP premium if vehicle or plate in multiple
classes
(1) This section applies if a motor vehicle or trader’s plate fits
into 2 or more CTP premium classes.
(2) The maximum CTP premium payable for a CTP policy for the
vehicle or plate is the higher of the maximum premiums that apply to the vehicle
or plate.
11 CTP premiums for policies for less than 1
year
(1) This section applies if a person—
(a) registers a motor vehicle for less than 1 year; or
(b) renews the registration of a motor vehicle for less than 1 year;
or
(c) is issued with a trader’s plate for less than 1 year.
Note A CTP premium for a CTP policy must be paid
when—
(a) registering a vehicle (see Act, s 28); and
(b) renewing the registration of a vehicle (see Act, s 29);
and
(c) when applying for a trader’s plate (see Act,
s 30).
(2) The maximum CTP premium payable for a CTP policy for the
vehicle or plate must be worked out in accordance with the CTP premium
guidelines.
12 Additional CTP premium payable if change in
construction or use of vehicle
(1) This section applies if—
(a) a CTP premium (the original premium) has been paid
for a CTP policy for a motor vehicle; and
(b) a change is made in the construction or use of the motor vehicle;
and
(c) because of the change, a higher CTP premium than the original
premium would be payable if a new CTP policy were issued for the motor
vehicle.
(2) The owner of the motor vehicle is liable to pay an additional
CTP premium, starting on the day the change happens, worked out in
accordance with the CTP premium guidelines.
omit
s 67 (1)
substitute
s 163C (1)
omit
section 67 (1)
substitute
section 163C (1)
[2.5] Section
15 (as amended)
relocate to part 6 as section 30A
omit
s 67 (1) (b)
substitute
s 163C (1) (b)
omit
section 67 (2)
substitute
section 163C (2)
[2.8] Section
16 (as amended)
relocate to part 6 as section 30B
omit
s 67 (1) (b)
substitute
s 163C (1) (b)
omit
section 16
substitute
section 30B
[2.11] Section
17 (as amended)
relocate to part 6 as section 30C
[2.12] Section
18 heading
omit
s 67 (1) (b)
substitute
s 163C (1) (b)
[2.13] Section
18 (as amended)
relocate to part 6 as section 30D
[2.14] Section
32 (5), definition of required further claim details, paragraphs (b)
and (c)
substitute
(b) the make, model, type and year of
manufacture of each motor vehicle involved in the motor accident for the
claim;
(ba) for each registered motor vehicle involved in the motor accident for
the claim—the registration number of the motor vehicle;
(bb) for each motor vehicle with a valid trader’s plate attached
that is involved in the motor accident for the claim—the unique
identifying number on the trader’s plate;
(c) the name and address of—
(i) the responsible person for each motor vehicle involved in the motor
accident for the claim; and
(ii) the driver of each motor vehicle involved in the motor accident for
the claim;
omit
[2.16] Schedule
1, clause 1.1, definition of any other vehicle
substitute
any other vehicle means a vehicle that—
(a) must be registered under the Road Transport (Vehicle Registration)
Act 1999; and
(b) is not a vehicle mentioned in part 1.2, table.
[2.17] Schedule
1, clause 1.1, definition of business use
substitute
business use—a vehicle, or trader’s plate is for
business use if there is an entitlement to claim an input tax
credit in relation to the CTP policy for the vehicle or plate.
[2.18] Schedule
1, clause 1.1, definition of private use
substitute
private use—a vehicle, or trader’s plate, is for
private use if there is no entitlement to claim an input tax
credit in relation to the CTP policy for the vehicle or plate.
[2.19] Schedule
1, part 1.2, column 2 heading
substitute
column 2
kind of motor vehicle or trader’s
plate
|
[2.20] Schedule
1. part 1.2, items 17.1 to 20.2
substitute
17.1
|
trader’s plate
|
|
private
|
17.2
|
trader’s plate
|
|
business
|
18.1
|
undertaker’s vehicle
|
|
private
|
18.2
|
undertaker’s vehicle
|
|
business
|
19.1
|
veteran vehicle
|
|
private
|
19.2
|
veteran vehicle
|
|
business
|
20.1
|
vintage vehicle
|
|
private
|
20.2
|
vintage vehicle
|
|
business
|
21.1
|
any other vehicle
|
|
private
|
21.2
|
any other vehicle
|
|
business
|
omit
[2.22] Dictionary,
note 3
omit
• CTP regulator (see s 273)
substitute
• CTP regulator (see s 14)
[2.23] Dictionary,
note 3
omit
• nominal defendant (see s 59)
substitute
• nominal defendant (see s 13)
[2.24] Dictionary,
note 3
insert
• trader’s plate
• unregistered vehicle permit
• valid trader’s plate
[2.25] Dictionary,
definition of collection notice
omit
section 17
substitute
section 30C
[2.26] Dictionary,
definition of due date
omit
section 17
substitute
section 30C
[2.27] Dictionary,
definition of prescribed person
omit
section 15
substitute
section 30A
Schedule
3 Other
amendments
(see s 3)
[3.1] Section
175, definition of third-party insurance, new
example
insert
Example
Third-party insurance under the Road Transport (Third-Party Insurance)
Act 2008.
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).
Part
3.2 Road Transport (Offences)
Regulation 2005
[3.2] Schedule
1, part 1.10, new items 26A and 26B
insert
26A
|
111 (1)
|
accredited operator not maintain required public passenger vehicle
policy
|
50
|
494
|
|
26B
|
112 (2)
|
accredited operator not produce evidence public passenger vehicle policy in
force
|
20
|
|
|
[3.3] Schedule
1, part 1.13A
substitute
Part 1.13A Road Transport (Third-Party
Insurance) Act 2008
column 1
item
|
column 2
offence provision and, if relevant,
case
|
column 3
short description
|
column 4
offence penalty (pu)
|
column 5
infringement penalty
($)
|
column 6
demerit points
|
1
|
17 (1)
|
use uninsured motor vehicle on road or road related area
|
50
|
484
|
|
2
|
112
|
party not give document/information as required
|
100
|
|
|
3
|
116 (1)
|
knowingly make false/misleading statement
|
100pu/1 year prison/both
|
|
|
4
|
116 (2)
|
recklessly make false/misleading statement
|
50pu/ 6 months prison/both
|
|
|
5
|
180 (1)
|
issue CTP policy while not licensed insurer
|
100
|
|
|
6
|
180 (2)
|
purport to issue CTP policy while not licensed insurer
|
100
|
|
|
7
|
188
|
licensed insurer contravene condition of CTP insurer license
|
100
|
|
|
8
|
190
|
engage in conduct that would, if licensed insurer, contravene condition of
CTP insurer licence
|
100
|
|
|
9
|
197
|
licensed insurer issue CTP policy while license suspended
|
100
|
|
|
10
|
221 (1) (a)
|
licensed insurer not keep records prescribed by regulation
|
100
|
|
|
11
|
221 (1) (b)
|
licensed insurer not keep records directed by CTP regulator
|
100
|
|
|
12
|
222 (1) (a)
|
licensed insurer not give records prescribed by regulation to CTP
regulator
|
100
|
|
|
13
|
222 (1) (b)
|
licensed insurer not give records directed by CTP regulator to CTP
regulator
|
100
|
|
|
14
|
222 (2) (a)
|
licensed insurer not give returns as prescribed by regulation
|
100
|
|
|
15
|
222 (2) (b)
|
licensed insurer not give returns as directed by CTP regulator
|
100
|
|
|
16
|
222 (3) (a)
|
licensed insurer not include in return details prescribed by
regulation
|
100
|
|
|
17
|
222 (3) (b)
|
licensed insurer not include in return details directed by
CTP regulator
|
100
|
|
|
18
|
222 (4) (a)
|
licensed insurer not include with return document prescribed by
regulation
|
100
|
|
|
19
|
222 (4) (b)
|
licensed insurer not include with return document directed by
CTP regulator
|
100
|
|
|
20
|
222 (5) (a)
|
licensed insurer not give return to CTP regulator not later than
6 weeks after end of quarter
|
100
|
|
|
21
|
222 (5) (b)
|
licensed insurer not give return to CTP regulator not later than other
stated time
|
100
|
|
|
22
|
225
|
licensed insurer not provide all reasonable assistance requested by
auditor
|
100
|
|
|
23
|
229 (1)
|
licensed insurer/former licensed insurer not comply with request for
information etc
|
100
|
|
|
24
|
233
|
contravene court order made to protect interests of CTP policy
holders
|
20 pu/ 6 months prison/both
|
|
|
25
|
234
|
licensed insurer/former licensed insurer not tell CTP regulator about
event/thing in writing within 21 days
|
100
|
|
|
26
|
235
|
licensed insurer not tell CTP regulator about decrease/proposed
decrease in issued capital of the insurer in writing within 21 days
|
100
|
|
|
27
|
236 (1)
|
licensed insurer not tell CTP regulator about receiving bidder’s
statement or target’s statement in writing within 21 days
|
100
|
|
|
28
|
243
|
liquidator of insolvent insurer not give motor accident claim about
CTP policy issued by insolvent insurer to nominal defendant
|
20
|
|
|
29
|
244
|
liquidator of insolvent company not give information to nominal defendant
within 45 days after request
|
20
|
|
|
30
|
245
|
liquidator of insolvent insurer not allow person authorised by Minister to
inspect documents within 45 days after request
|
20
|
|
|
31
|
253 (2)
|
not take all reasonable steps to comply with requirement of authorised
person
|
50
|
|
|
32
|
269 (3)
|
licensed insurer not give CTP regulator periodic return/information
required by CTP regulator
|
150
|
|
|
33
|
271 (2) (a)
|
make record of protected information about someone else
|
50pu/ 6 months prison/both
|
|
|
34
|
271 (2) (b)
|
divulge protected information about someone else
|
50pu/ 6 months prison/both
|
|
|
Part 1.13B Road Transport (Third-Party
Insurance) Regulation 2008
column 1
item
|
column 2
offence provision and, if relevant,
case
|
column 3
short description
|
column 4
offence penalty (pu)
|
column 5
infringement penalty
($)
|
column 6
demerit points
|
1
|
30D
|
licensed insurer not pay amount in collection notice on/before due
date
|
20
|
|
|
Part
3.3 Road Transport (Public Passenger
Services) Act 2001
insert
Part 8A Additional public passenger vehicle
insurance
110 Definitions—pt 8A
In this part:
accredited operator, of a public passenger vehicle, means a
person who is accredited to operate the public passenger service for which the
vehicle is operated.
public passenger vehicle policy means a policy
that—
(a) is issued (or renewed) by a corporation authorised under the
Insurance Act 1973 (Cwlth); and
(b) insures the accredited operator of the public passenger vehicle to
which the policy applies against liability in relation to damage to property
caused by, or arising out of the use of, the vehicle anywhere in Australia
(whether or not on a road or road related area).
111 Public passenger vehicle insurance
compulsory
(1) The accredited operator of a public passenger vehicle commits an
offence if—
(a) the accredited operator operates the public passenger vehicle; and
(b) there is no public passenger vehicle policy for at least
$5 000 000 for the vehicle.
Maximum penalty: 50 penalty units.
(2) To remove any doubt, it is irrelevant that a public passenger vehicle
policy also insures the accredited operator against other risks.
112 Police officer or authorised person may require
evidence of public passenger vehicle insurance
(1) A police officer or authorised person may require the accredited
operator of a public passenger vehicle to produce evidence that a public
passenger vehicle policy is in force for the vehicle.
(2) The accredited operator must not fail to produce the evidence when
required to do so.
Maximum penalty: 20 penalty units.
(3) It is a defence to an offence against subsection (2)
if—
(a) the accredited operator has a reasonable excuse for failing to produce
the evidence when required to do so; and
(b) within 3 days after being required to produce the evidence, produces
the evidence at a place prescribed by regulation or as directed by the police
officer or authorised person.
Part
3.4 Road Transport (Vehicle
Registration) Act 1999
[3.5] Section
7 (d), new note
insert
Note If a person applies to the road
transport authority for an unregistered vehicle permit, the person must, in
addition to any fee for the permit, pay the UVP liability contribution for the
period of the permit (see the Road Transport (Third-Party Insurance) Act
2008, s 163E).
substitute
31 Vehicles with unregistered vehicle permits taken
to be registered
(1) If an unregistered vehicle permit is in force for an unregistered
registrable vehicle, the vehicle is taken to be a registered vehicle
for—
(a) this Act; and
(b) any other law about the registration or licensing of
vehicles.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(2) However, subsection (1) does not apply to the Road Transport
(Third-Party Insurance) Act 2008.
Part
3.5 Road Transport (Vehicle
Registration) Regulation 2000
[3.7] Section
88 (1), new note
insert
Note If a person applies to the road
transport authority for a trader’s plate, the person must also select a
CTP insurer for a CTP policy for motor vehicles to which the
trader’s plate may be attached and pay the CTP premium for the
CTP policy (see the Road Transport (Third-Party Insurance) Act 2008,
s 30).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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