Government Prices Oversight (MAIB Premiums) Order 2000 (TAS)

Government Prices Oversight (MAIB Premiums) Order 2000

I make the following order under section 36 of the Government Prices Oversight Act 1995 .22 September 2000

P. A. Lennon

Minister for Infrastructure, Energy and Resources

1Short titleThis order may be cited as the Government Prices Oversight (MAIB Premiums) Order 2000 . 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 class specified in Schedule 1 ; commencement day means the 61st day after the day on which the making of this order is notified in the Gazette; 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; heavy vehicle means a heavy vehicle within the meaning of the Vehicle and Traffic Act 1999 ; hire and drive vehicle means a vehicle that is registered as a hire and drive vehicle; 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; public passenger vehicle means a public passenger vehicle within the meaning of the Passenger Transport Act 1997 ; 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; 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; 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)  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. (4)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if the order were by-laws. 4Escalator indexThe escalator index for the second year and third 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 or third year, as the case requires; and A is the average of the AWOTE for the four quarters ending with the May reference period immediately preceding the second year or third year in respect of which the escalator index is to apply; and B is the average of the AWOTE for the four quarters immediately preceding the four quarters 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 3, 6, 7 or 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. (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 3, 6, 7 or 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 plus 0.05. 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 3, 6, 7 or 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. (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 3, 6, 7 or 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 plus 0.05. 8Maximum 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, rounded to the nearest whole dollar, of – (a) one quarter of the maximum premium for a 12 month period that the Board may determine to be payable in that year; and (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 (in respect of a heavy vehicle registered for such reduced period) is the sum, rounded to the nearest whole dollar, of – (a) one half of the maximum premium for a 12 month period that the Board may determine to be payable in that year; and (b) 3.5% of the amount calculated under paragraph (a) . (3)  The maximum premium for a 6 month period that the Board may determine to be payable at any time in a year (in respect of a vehicle, other than a heavy vehicle, registered for such reduced period) is the sum, rounded to the nearest whole dollar, of – (a) one half of the maximum premium for a 12 month period that the Board may determine to be payable in that year; and (b) 3.5% of the amount calculated under paragraph (a) . 9Maximum premium for pensioners, &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 class 1 or 2 is, if its registered operator is one of the following persons, 80% of the premium that would, but for this clause, be payable in respect of that motor vehicle: (a) a pensioner; (b) a person who has a severe disability; (c) a parent or guardian of a person who has a severe disability and has not attained the age of 16 years. 10Expiry of orderThis order ceases to have effect at the end of the period of 3 years commencing on the commencement day. Schedule 1Motor vehicle classes and maximum premiums

Clauses 5 , 6 and 7

ClassNo.	Class (and Class Description)	Maximum premium $
1.	Motor Car	271
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	271
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	370
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	312
A motor cycle that has an engine capacity exceeding 100c.c. but not exceeding 250c.c.
5.	Large Motor Cycle	312
A motor cycle that has an engine capacity exceeding 500c.c.
6.	Taxi or Hire Car	606
A public passenger vehicle that is licensed as a taxi or luxury hire car under the Taxi and Luxury Hire Car Industries Act 1995 .
7.	Large Passenger Vehicle	606
A public passenger vehicle that –
(a) is used to carry more than 16 passengers; or
(b) is equipped to draw one or more trailers and used to carry more than 16 passengers.
8.	Hire and Drive Vehicle	578
A motor vehicle that is let for hire without the services of a driver –
(a) in this State only; or
(b) in both this State and 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.
9.	Caravan, Plant and Machinery (non self-propelled)	44
A caravan or plant and machinery (other than a trailer) that is designed to be drawn by a motor vehicle.
10.	Heavy Trailer	75
A trailer that has an unladen mass exceeding half a tonne.
11.	Mobile Crane	271
A mobile crane (other than a tow truck).
12.	Restricted Registration Vehicles, including Farm Motor Cycles	35
A vehicle (including a ride-on lawn mower capable of exceeding 10 km/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)	98
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 class.
14.	Motor Trade Plate	271
A motor vehicle that is used under the authority of a trade plate issued under the Vehicle and Traffic Act 1999 .
15.	Farm Tractor	98
A tractor that –
(a) is registered or unregistered; and
(b) is used only for agricultural purposes.
16.	Medium Passenger Vehicle	370
A public passenger vehicle (other than a taxi or luxury hire car) that –
(a) is used to carry no more than 16 passengers; or
(b) is equipped to draw one or more trailers and used to carry no more than 16 passengers.
17.	Small Motor Cycle	134
A motor cycle that has an engine capacity not exceeding 100c.c.
18.	Off-road and Recreational Vehicle	87
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	22
A vehicle that is subject to a short term unregistered vehicle permit.
20.	Medium-Large Motor Cycle	312
A motor cycle that has an engine capacity exceeding 250c.c. but not exceeding 500c.c.
21.	Vintage Motor Vehicle or Street Rod	24
A vehicle that is registered as a vintage motor vehicle or street rod.

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

Notified in the Gazette on 1 October 2000

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