Economic Regulator (MAIB Premiums) Order 2013 (TAS)

Economic Regulator (MAIB Premiums) Order 2013

I make the following order under section 36 of the Economic Regulator Act 2009 .18 September 2013

D. J. O’BYRNE

Minister for Infrastructure

1Short titleThis order may be cited as the Economic Regulator (MAIB Premiums) Order 2013 . 2CommencementThis order takes effect 61 days after the day on which its making is notified in the Gazette. 3Interpretation (1)  In this order, unless the contrary intention appears – Average Weekly Earnings means the Average Weekly Earnings (ABS Catalogue No 6302.0) published by the Australian Bureau of Statistics; AWOTE is the dollar figure for full-time adult ordinary time earnings for persons set out in that part of the Average Weekly Earnings under the heading "AVERAGE WEEKLY EARNINGS, Australia: Original"; Board means the Motor Accidents Insurance Board; class means a class specified in Schedule 1 ; commencement day means the day on which this order takes effect; escalator index means the escalator index calculated in accordance with clause 4 ; first year means the period of 12 months commencing on the commencement day; fourth year means the period of 12 months commencing at the end of the third year; heavy vehicle means a heavy vehicle within the meaning of the Vehicle and Traffic Act 1999 ; hire and drive passenger service has the same meaning as in the Passenger Transport Services Act 2011 ; luxury hire car has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ; luxury hire car service has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ; pensioner means a person who is – (a) the holder of a current health care card issued in accordance with the Social Security Act 1991 of the Commonwealth; or (b) the holder of a current pensioner concession card issued in accordance with the Social Security Act 1991 of the Commonwealth or as a fringe benefit under the Veterans’ Entitlements Act 1986 of the Commonwealth; or (c) the holder of a current Gold Card or White Card issued in accordance with the Veterans’ Entitlements Act 1986 of the Commonwealth; public passenger vehicle means a motor vehicle that is used to operate a passenger transport service within the meaning of the Passenger Transport Services Act 2011 ; reduced period means a period of less than 12 months; registered means registered under the Vehicle and Traffic Act 1999 ; Registrar means the Registrar of Motor Vehicles appointed or employed under section 5 of the Vehicle and Traffic Act 1999 ; second year means the period of 12 months commencing at the end of the first year; severe disability means a permanent disability which, in the Registrar’s opinion, prevents a person from using public transport without assistance; special interest vehicle means a motor vehicle in respect of which a motor tax rebate applies under regulation 118 of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 ; taxi has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ; taxi service has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ; third year means the period of 12 months commencing at the end of the second year. (2)  A reference in this order to a publication includes a reference to – (a) that publication as amended from time to time; and (b) a publication published in substitution for that publication. (3)  Unless the contrary intention appears, an expression used in this order has the same meaning as it has in the Motor Accidents (Liabilities and Compensation) Act 1973 . (4)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if the order were by-laws. (5)  Premiums calculated under this order – (a) include GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; and (b) do not include duty payable under the Duties Act 2001 . 4Escalator index (1)  In this clause – May reference period means the 6 month period that commences on the first day of December in any year. (2)  The escalator index for the second year, third year or fourth year in respect of a motor vehicle of any class is to be calculated in accordance with the following formula: where – E is the escalator index for the second year, third year or fourth year, as the case requires; and A is the AWOTE for Tasmania for the May reference period immediately preceding the second year, third year or fourth year, as the case requires; and B is the AWOTE for Tasmania for the May reference period for the year immediately preceding the year referred to in the definition of A. 5Maximum annual premium in first yearThe maximum premium for a 12-month period that the Board may determine to be payable at any time in the first year in respect of a motor vehicle of any class is the maximum premium specified in Schedule 1 for that class of motor vehicle. 6Maximum annual premium in second year (1)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the second year in respect of a motor vehicle of any class (other than class 4, 5, 6, 16, 18 or 20) is the product, rounded to the nearest whole dollar, of – (a) the maximum premium specified in Schedule 1 for that class of motor vehicle; and (b) the escalator index for the second year. (2)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the second year in respect of a motor vehicle of class 4, 5 or 20 is the product, rounded to the nearest whole dollar, of – (a) the maximum premium specified in Schedule 1 for that class of motor vehicle; and (b) the sum of the escalator index for the second year and 0.0404. (3)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the second year in respect of a motor vehicle of class 6 is the product, rounded to the nearest whole dollar, of – (a) the maximum premium specified in Schedule 1 for that class of motor vehicle; and (b) the sum of the escalator index for the second year and 0.0316. (4)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the second year in respect of a motor vehicle of class 16 is the product, rounded to the nearest whole dollar, of – (a) the maximum premium specified in Schedule 1 for that class of motor vehicle; and (b) the escalator index for the second year minus 0.0386. (5)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the second year in respect of a motor vehicle of class 18 is the product, rounded to the nearest whole dollar, of – (a) the maximum premium specified in Schedule 1 for that class of motor vehicle; and (b) the sum of the escalator index for the second year and 0.0618. (6)  An amount that is dollars and a number of cents is rounded to the nearest dollar – (a) if the number of cents is 50 or more, by increasing that amount to the next whole dollar; or (b) if the number of cents is less than 50, by deducting those cents from that amount. 7Maximum annual premium in third year (1)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the third year in respect of a motor vehicle of any class (other than class 4, 5, 6, 16, 18 or 20) is the product, rounded to the nearest whole dollar, of – (a) the maximum premium that may be determined to be payable in the second year in respect of that motor vehicle; and (b) the escalator index for the third year. (2)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the third year in respect of a motor vehicle of class 4, 5 or 20 is the product, rounded to the nearest whole dollar, of – (a) the maximum premium that may be determined to be payable in the second year in respect of that motor vehicle; and (b) the sum of the escalator index for the third year and 0.0404. (3)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the third year in respect of a motor vehicle of class 6 is the product, rounded to the nearest whole dollar, of – (a) the maximum premium that may be determined to be payable in the second year in respect of that motor vehicle; and (b) the sum of the escalator index for the third year and 0.0316. (4)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the third year in respect of a motor vehicle of class 16 is the product, rounded to the nearest whole dollar, of – (a) the maximum premium that may be determined to be payable in the second year in respect of that motor vehicle; and (b) the escalator index for the third year minus 0.0386. (5)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the third year in respect of a motor vehicle of class 18 is the product, rounded to the nearest whole dollar, of – (a) the maximum premium that may be determined to be payable in the second year in respect of that motor vehicle; and; and (b) the sum of the escalator index for the third year and 0.0618. (6)  An amount that is dollars and a number of cents is rounded to the nearest dollar – (a) if the number of cents is 50 or more, by increasing that amount to the next whole dollar; or (b) if the number of cents is less than 50, by deducting those cents from that amount. 8Maximum annual premium in fourth year (1)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the fourth year in respect of a motor vehicle of any class (other than class 4, 5, 6, 16, 18 or 20) is the product, rounded to the nearest whole dollar, of – (a) the maximum premium that may be determined to be payable in the third year in respect of that motor vehicle; and (b) the escalator index for the fourth year. (2)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the fourth year in respect of a motor vehicle of class 4, 5 or 20 is the product, rounded to the nearest whole dollar, of – (a) the maximum premium that may be determined to be payable in the third year in respect of that motor vehicle; and (b) the sum of the escalator index for the fourth year and 0.0404. (3)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the fourth year in respect of a motor vehicle of class 6 is the product, rounded to the nearest whole dollar, of – (a) the maximum premium that may be determined to be payable in the third year in respect of that motor vehicle; and (b) the sum of the escalator index for the fourth year and 0.0316. (4)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the fourth year in respect of a motor vehicle of class 16 is the product, rounded to the nearest whole dollar, of – (a) the maximum premium that may be determined to be payable in the third year in respect of that motor vehicle; and (b) the escalator index for the fourth year minus 0.0386. (5)  The maximum premium for a 12-month period that the Board may determine to be payable at any time in the fourth year in respect of a motor vehicle of class 18 is the product, rounded to the nearest whole dollar, of – (a) the maximum premium that may be determined to be payable in the third year in respect of that motor vehicle; and (b) the sum of the escalator index for the fourth year and 0.0618. (6)  An amount that is dollars and a number of cents is rounded to the nearest dollar – (a) if the number of cents is 50 or more, by increasing that amount to the next whole dollar; or (b) if the number of cents is less than 50, by deducting those cents from that amount. 9Maximum quarterly and half-yearly premiums (1)  The maximum premium for a 3-month period that the Board may determine to be payable at any time in a year in respect of a heavy vehicle registered for such reduced period is the sum of the following amounts, rounded to the nearest 5 cents: (a) the amount calculated in accordance with the following formula: (b) 6% of the amount calculated under paragraph (a) . (2)  The maximum premium for a 6-month period that the Board may determine to be payable at any time in a year for a vehicle is the sum of the following amounts, rounded to the nearest 5 cents: (a) the amount calculated in accordance with the following formula: (b) 3% of the amount calculated under paragraph (a) . (3)  If a premium payable under this clause is not exactly divisible by 5, the remainder of that premium after dividing by 5 is to be – (a) if the number of cents remaining is less than 2.5 but more than 0, rounded down to the nearest amount exactly divisible by 5; or (b) if the number of cents remaining is 2.5 or more but less than 5, rounded up to the nearest amount exactly divisible by 5. 10Maximum premium for pensioners, &c. (1)  In this clause – eligible asylum seeker means a person who is – (a) the registered operator of a motor vehicle; and (b) one of the following persons: (i) the holder of a Bridging (Class WE) (Subclass 050 or 051) visa issued under section 73 of the Migration Act 1958 of the Commonwealth; (ii) a person who is subject to a residence determination that has been made under section 197AB of the Migration Act 1958 of the Commonwealth; eligible pensioner means a person who is – (a) the registered operator of a motor vehicle; and (b) one of the following persons: (i) a pensioner; (ii) a person who has a severe disability; (iii) a parent or guardian of a person who has a severe disability and has not attained the age of 16 years. (2)  The maximum premium that the Board may determine to be payable at any one time during the first year, second year, third year or fourth year in respect of one class 1 or class 2 motor vehicle of an eligible asylum seeker or eligible pensioner is 80% of the premium that, but for this clause, would be payable in respect of that motor vehicle. (3)  In relation to any other class 1 or class 2 motor vehicle of the eligible asylum seeker or eligible pensioner, the maximum premium payable in respect of that vehicle is the premium that would be payable in respect of that motor vehicle if the registered operator were not an eligible asylum seeker or eligible pensioner. 11Expiry of orderThis order ceases to have effect at the end of the period of 4 years commencing on the commencement day. Schedule 1Motor Vehicles Class and Maximum Premiums

Clauses 3 , 5 , 6 , 7 and 8

Class No.	Class and class description	Maximum premium $
1.	Motor Car	318
A motor vehicle (including a campervan) that –
(a) is constructed principally for the carriage of persons; and
(b) is not included in any other class.
2.	Light Goods Vehicle	318
A motor vehicle that –
(a) is constructed principally for the carriage of goods; and
(b) has a gross vehicle mass not exceeding 4.5 tonnes.
3.	Heavy Goods Vehicle	503
A motor vehicle (including a special-purpose vehicle) that –
(a) is constructed principally for the carriage of goods; and
(b) has a gross vehicle mass exceeding 4.5 tonnes.
4.	Medium Motor Cycle	426
A motor cycle that has an engine capacity exceeding 125cc but not exceeding 250cc.
5.	Large Motor Cycle	426
A motor cycle that has an engine capacity exceeding 700cc.
6.	Taxi or Luxury Hire Car	1 014
(1) A taxi that is used to operate a taxi service under the Taxi and Hire Vehicle Industries Act 2008 .
(2) A luxury hire car that is used to operate a luxury hire car service under the Taxi and Hire Vehicle Industries Act 2008 .
7.	Large Public Passenger Vehicle	822
A public passenger vehicle that has 17 or more seats.
8.	Hire and Drive Vehicle	822
A motor vehicle that is used to operate a hire and drive passenger service –
(a) in this State only; or
(b) in both this State and one or more of the following jurisdictions:
(i) Australian Capital Territory;
(ii) New South Wales;
(iii) Northern Territory;
(iv) Queensland;
(v) South Australia;
(vi) Victoria;
(vii) Western Australia.
9.	Caravan, Horse Float, Plant and Machinery (non-self-propelled)	42
A caravan, horse float or plant and machinery (other than a trailer) that –
(a) has a mass exceeding half a tonne when not carrying a load; and
(b) is designed to be drawn by a motor vehicle.
10.	Heavy Trailer	93
A trailer that has an unladen mass exceeding half a tonne.
11.	Mobile Crane	336
A mobile crane (other than a tow truck).
12.	Restricted Registration Vehicles, including Farm Motor Cycles	44
A vehicle (including a ride-on lawn mower capable of exceeding 10km/h) that –
(a) is an off-road vehicle or restricted registration vehicle; and
(b) is not included in class 15 or 18.
13.	Plant and Machinery (self-propelled)	120
A tractor (other than a farm tractor), road roller, motor street flusher, tar sprayer, tar roller, motor eductor, street sweeper, excavator, traction engine, road grader, forklift truck, motor end loader, traxcavator, trench digger, bulldozer, earth-moving machine or any similar kind of vehicle not included in any other class.
14.	Motor Trade Plate	336
A motor vehicle that is used under the authority of a trade plate issued under the Vehicle and Traffic Act 1999 .
15.	Farm Tractor	120
A tractor that –
(a) is registered or unregistered; and
(b) is used only for agricultural purposes.
16.	Medium Public Passenger Vehicle	483
A public passenger vehicle (other than a taxi or luxury hire car) that has no more than 16 seats.
17.	Small Motor Cycle	159
A motor cycle that has an engine capacity not exceeding 125cc.
18.	Off-road and Recreational Vehicle	200
A trail bike, mini-bike, 4-wheel recreational vehicle, dune buggy or any other off-road or recreational vehicle that –
(a) is registered on conditions restricting its operation or use; or
(b) is not required to be registered.
19.	Short Term Unregistered Vehicle	31
A vehicle that is subject to a short term unregistered vehicle permit.
20.	Medium-Large Motor Cycle	426
A motor cycle that has an engine capacity exceeding 250cc but not exceeding 700cc.
21.	Vintage Motor Vehicle or Street Rod	31
A vehicle that is registered as a vintage motor vehicle or street rod.
22.	Special Interest Vehicle	103
A vehicle that is a special interest vehicle.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 1 October 2013

This order is administered by the Motor Accidents Insurance Board.

EXPLANATORY NOTE

(This note is not part of the order) This order specifies the maximum premiums chargeable by the Motor Accidents Insurance Board under the