Government Prices Oversight (MAIB Premiums) Order 1997 (TAS)

Government Prices Oversight (MAIB Premiums) Order 1997

I make the following order under section 36 of the Government Prices Oversight Act 1995 .30 September 1997

T. JOHN CLEARY

Minister for Transport

1Short titleThis order may be cited as the Government Prices Oversight (MAIB Premiums) Order 1997 . 2CommencementThis order takes effect on the 61st day after the day on which its making is notified in the Gazette. 3Interpretation (1)  In this order, unless the contrary intention appears – AWE means the Average Weekly Earnings published by the Australian Statistician under the Census and Statistics Act 1905 of the Commonwealth; AWE percentage means the percentage figure specified in respect of the May reference period for Tasmania in the part of the AWE relating to the Trend figures for full-time adult ordinary time earnings; Board means the Motor Accidents Insurance Board; calculated percentage  – (a) in clause 4(b)(ii) means the total of the percentage specified in clause 4(a)(ii) and 5%; and (b) in clause 4(c)(ii) means the total of the percentage specified in clause 4(a)(ii) and 10%; and (c) in clause 5(a)(ii) means the total of the AWE percentage for 1998 and 2.5%; and (d) in clause 5(b)(ii) means the total of the calculated percentage for the purposes of clause 5(a)(ii) and 5%; and (e) in clause 5(c)(ii) means the total of the calculated percentage for the purposes of clause 5(a)(ii) and 10%; and (f) in clause 6(a)(ii) means the total of the AWE percentage for 1999 and 2.5%; and (g) in clause 6(b)(ii) means the total of the calculated percentage for the purposes of clause 6(a)(ii) and 5%; and (h) in clause 6(c)(ii) means the total of the calculated percentage for the purposes of clause 6(a)(ii) and 10%; category 1 motor vehicle means a motor vehicle of a kind specified in Part 1 of Schedule 1 ; category 2 motor vehicle means a motor vehicle of a kind specified in Part 2 of Schedule 1 ; category 3 motor vehicle means a motor vehicle of a kind specified in Part 3 of Schedule 1 ; category 4 motor vehicle means a motor vehicle of a kind specified in Part 4 of Schedule 1 ; commencement day means the 61st day after the day on which the making of this order is notified in the Gazette; first year means the period of 12 months commencing on the commencement day; pensioner means a person who is in receipt of – (a) an age pension, a disability support pension, a wife pension, a carer pension, a widow B pension, a widow allowance, a mature age partner allowance, a newstart allowance or a sole parent pension payable under the Social Security Act 1991 of the Commonwealth; or (b) one of the following pensions under the Veterans’ Entitlements Act 1986 of the Commonwealth: (i) a disability pension; (ii) a totally and permanently incapacitated pension; (iii) a war widow or widower’s pension; (iv) a service pension; (v) a partner’s service pension or carer’s pension; or (c) a disability wage supplement payable under the Social Security Act 1991 of the Commonwealth; second year means the period of 12 months commencing at the end of the first year; severely disabled person means a person who, to the satisfaction of the Transport Commission, is so severely disabled as to be incapable of using public transport other than – (a) a motor vehicle licensed as a cab, restricted cab or hire-car under Part III of the Traffic Act 1925 ; or (b) a motor vehicle in respect of which a licence under Part 4 of the Taxi Industry Act 1995 is in force; third year means the period of 12 months commencing at the end of the second year. (2)  Unless the contrary intention appears, a term that has a meaning assigned to it in or under the Motor Accidents (Liabilities and Compensation) Act 1973 has the same meaning in this order. (3)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if it were by-laws. 4Maximum premium in first yearThe maximum premium that the Board may determine to be payable at any time in the first year – (a) in respect of a category 1 motor vehicle is the sum, rounded to the nearest whole $1, of – (i) the premium specified in Part 1 of Schedule 1 in respect of a motor vehicle of the same description and used for the same purpose as that motor vehicle; and (ii) 5% of that premium; or (b) in respect of a category 2 motor vehicle is the sum, rounded to the nearest whole $1, of – (i) the premium specified in Part 2 of Schedule 1 in respect of a motor vehicle of the same description and used for the same purpose as that motor vehicle; and (ii) the calculated percentage of that premium; or (c) in respect of a category 3 motor vehicle is the sum, rounded to the nearest whole $1, of – (i) the premium specified in Part 3 of Schedule 1 in respect of a motor vehicle of the same description and used for the same purpose as that motor vehicle; and (ii) the calculated percentage of that premium; or (d) in respect of a category 4 motor vehicle is the premium specified in Part 4 of Schedule 1 in respect of a motor vehicle of the same description and used for the same purpose as that motor vehicle. 5Maximum premium in second yearThe maximum premium that the Board may determine to be payable at any time in the second year – (a) in respect of a category 1 motor vehicle is the sum, rounded to the nearest whole $1, of – (i) the premium that was payable at any time in the first year in respect of a motor vehicle of the same description and used for the same purpose as that motor vehicle; and (ii) the calculated percentage of that premium; or (b) in respect of a category 2 motor vehicle is the sum, rounded to the nearest whole $1, of – (i) the premium that was payable at any time in the first year in respect of a motor vehicle of the same description and used for the same purpose as that motor vehicle; and (ii) the calculated percentage of that premium; or (c) in respect of a category 3 motor vehicle is the sum, rounded to the nearest whole $1, of – (i) the premium that was payable at any time in the first year in respect of a motor vehicle of the same description and used for the same purpose as that motor vehicle; and (ii) the calculated percentage of that premium; or (d) in respect of a category 4 motor vehicle is the premium that was payable immediately before the commencement day in respect of a motor vehicle of the same description and used for the same purpose as that motor vehicle. 6Maximum premium in third yearThe maximum premium that the Board may determine to be payable at any time in the third year – (a) in respect of a category 1 motor vehicle is the sum, rounded to the nearest whole $1, of – (i) the premium that was payable at any time in the second year in respect of a motor vehicle of the same description and used for the same purpose as that motor vehicle; and (ii) the calculated percentage of that premium; or (b) in respect of a category 2 motor vehicle is the sum, rounded to the nearest whole $1, of – (i) the premium that was payable at any time in the second year in respect of a motor vehicle of the same description and used for the same purpose as that motor vehicle; and (ii) the calculated percentage of that premium; or (c) in respect of a category 3 motor vehicle is the sum, rounded to the nearest whole $1, of – (i) the premium that was payable at any time in the second year in respect of a motor vehicle of the same description and used for the same purpose as that motor vehicle; and (ii) the calculated percentage of that premium; or (d) in respect of a category 4 motor vehicle is the premium that was payable immediately before the commencement day in respect of a motor vehicle of the same description and used for the same purpose as that motor vehicle. 7Maximum premium for pensioner, &c.The maximum premium that the Board may determine to be payable at any time during the first year, second year or third year in respect of a motor vehicle of a description set out in Schedule 2 and owned by one of the following persons is 80% of the premium that would be payable if the owner of the motor vehicle were not a pensioner: (a) a pensioner; (b) a severely disabled person; (c) a parent or guardian of a severely disabled person who is less than 16 years old. 8Expiry of orderThis order ceases to have effect at the end of the period of 3 years commencing on the commencement day. Schedule 1Category 1, 2, 3 and 4 motor vehicles

Clause 3

PART 1Category 1 motor vehicles

Item	Kind of vehicle	Description of vehicle	Premium payable before 1/12/97
$
1.	Motor car	A motor vehicle, including a station wagon or campervan –	215
(a) constructed principally for the carriage of persons; and
(b) not included in any other item of this Schedule
2.	Small motor cycle	A motor cycle with an engine capacity not exceeding 100 cm3	106
3.	Light goods vehicle	A motor vehicle –	215
(a) constructed principally for the carriage of goods; and
(b) with a gross vehicle mass not exceeding 4.5 tonnes
4.	Caravan or plant and machinery not self-propelled	Any caravan or plant and machinery, excluding any trailer, designed to be drawn by a motor vehicle	35
5.	Heavy trailer	A trailer, the unladen mass of which exceeds half a tonne	60
6.	Plant and machinery self-propelled	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, fork lift truck, motor end loader, traxcavator, trench digger, bulldozer, earth-moving machine or any similar kind of vehicle not included in any other item of this Schedule	78
7.	Mobile crane	A mobile crane, excluding a tow truck	215
8.	Motor trade plate	A motor vehicle used under the authority of a general identification mark issued under section 10(1)(j) of the Traffic Act 1925	215
9.	Farm Tractor	A tractor –	78
(a) registered or unregistered; and
(b) used only for agricultural purposes

PART 2Category 2 motor vehicles

Item	Kind of vehicle	Description of vehicle	Premium payable before 1/12/97
$
1.	Medium motor cycle	A motor cycle with an engine capacity which exceeds 100 cm3 and does not exceed 250 cm3	215
2.	Medium large motor cycle	A motor cycle with an engine capacity which exceeds 250 cm3 and does not exceed 500 cm3	215
3.	Large motor cycle	A motor cycle with an engine capacity which exceeds 500 cm3	215

PART 3Category 3 motor vehicle

Item	Kind of vehicle	Description of vehicle	Premium payable before 1/12/97
$
1.	Off-road or recreational motor cycle, farm bike or dune buggy	A trail bike, mini-bike, farm bike or dune buggy –	52
(a) with restricted registration; or
(b) not required to be registered
2.	Cab, hire-car or taxi	A vehicle –	351
(a) licensed under Part III of the Traffic Act 1925 to carry not more than 8 adult passengers; or
(b) in respect of which a licence under Part 4 of the Taxi Industry Act 1995 is in force
3.	Medium passenger vehicle	A motor vehicle for hire or reward –	215
(a) used to carry not less than 9 passengers and not more than 16 passengers; or
(b) equipped to draw one or more trailers and used to carry not less than 9 passengers and not more than 16 passengers
4.	Large passenger vehicle	A motor vehicle for hire or reward –	351
(a) used to carry more than 16 passengers; or
(b) equipped to draw one or more trailers and used to carry more than 16 passengers
5.	Hire and drive vehicle	A motor vehicle let for hire without the services of a driver –	351
(a) in this State only; or
(b) both in this State and in one or more of the following jurisdictions:
(i) Victoria;
(ii) New South Wales;
(iii) Queensland;
(iv) South Australia;
(v) Western Australia;
(vi) Australian Capital Territory;
(vii) Northern Territory
6.	Heavy goods vehicle	A motor vehicle –	215
(a) constructed principally for the carriage of goods; and
(b) with a gross vehicle mass exceeding 4.5 tonnes.

PART 4Category 4 motor vehicles

Item	Kind of vehicle	Description of vehicle	Premium payable before 1/12/97
$
1.	Vintage motor vehicle, street rod, motorised wheelchair or restricted registration vehicle	Any vehicle that is –	31
(a) registered as a vintage motor vehicle, street rod or a motorised wheelchair; or
(b) an off-road vehicle or is subject to a restricted registration and is not otherwise provided for in item 4 of Part 2 of this Schedule

Schedule 2Motor vehicles for which pensioner discount applies

Clause 7

Item	Kind of vehicle	Description of vehicle	Premium payable before 1/12/97
$
1.	Motor car	A motor vehicle, including a station wagon or campervan –	215
(a) constructed principally for the carriage of persons; and
(b) not included in any other item of this Schedule
2.	Light goods vehicle	A motor vehicle –	215
(a) constructed principally for the carriage of goods; and
(b) with a gross vehicle mass not exceeding 4.5 tonnes

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

Notified in the Gazette on 1 October 1997

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