Miscellaneous Acts (Transport Accidents Compensation) Amendment Act 1987 (NSW)
MISCELLANEOUS ACTS (TRANSPORT ACCIDENTS COMPENSATION) AMENDMENT ACT 1987 No. 102
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Amendment of certain Acts
4. Amounts of contributions
5. Savings and transitional provisions
SCHEDULE 1—AMENDMENT OF CERTAIN ACTS
SCHEDULE 2—AMOUNTS OF CONTRIBUTIONS PAYABLE UNDER SECTION 24
OF THE TRANSPORT ACCIDENTS COMPENSATION ACT 1987
SCHEDULE 3—SAVINGS AND TRANSITIONAL PROVISIONS
MISCELLANEOUS ACTS (TRANSPORT ACCIDENTS COMPENSATION) AMENDMENT ACT 1987 No. 102
NEW SOUTH WALES
Act No. 102, 1987
An Act to amend certain Acts as a consequence of and in connection with the enactment of the Transport Accidents Compensation Act 1987; and for other purposes. [Assented to 12 June 1987]
2 Act No. 102
Miscellaneous Acts (Transport Accidents Compensation) Amendment 1987
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
Short title
1. This Act may be cited as the "Miscellaneous Acts (Transport Accidents Compensation) Amendment Act 1987".
Commencement
2. (1) Sections 1 and 2 shall commence on the date of assent to this
Act.
(2) Except as provided by this section, this Act shall commence on 1 July
1987.
(3) The amendment made to section 88D of the Stamp Duties Act 1920 by section 3 and Schedule 1 shall commence on 31 July 1987.
Amendment of certain Acts
3. Each Act specified in Schedule 1 is amended in the manner set forth
in that Schedule.
Amounts of contributions
| 4. The contributions payable under section 24 of the Transport Accidents Compensation Act 1987 in respect of motor vehicles from 1 July 1987 and until a determination under section 23 of that Act takes effect shall be determined in accordance with Schedule 2. |
Savings and transitional provisions
5. Schedule 3 has effect.
Miscellaneous Acts (Transport Accidents Compensation) Amendment 1987
SCHEDULE 1
(Sec. 3)
AMENDMENT OF CERTAIN ACTS
Damages (Infants and Persons of Unsound Mind) Act 1929 No. 25—
Section 2 (Application of Act)—
Section 2 (4)—
After section 2 (3), insert:(4) This Act does not apply to claims made or compensation awarded under the Transport Accidents Compensation Act 1987.
District Court Act 1973 No. 9—
Section 161 (Civil procedure rules)—
Section 161 (4) (b) (i)—
After "1942", insert "or the Transport Accidents Compensation Act 1987".
Industrial Arbitration Act 1940 No. 2—
Section 88B (Regulation of certain contracts)—
Section 88B (5), definitions of "Motor vehicle" and "registered" and
"Owner"—
Omit the definitions.
Law Reform (Miscellaneous Provisions) Act 1944 No. 28—
Section 2 (Effect of death on certain causes of action)—
Section 2 (6)— After "1942", insert "or the Transport Accidents Compensation Act 1987".
Motor Traffic Act 1909 No. 5—
Section 1 8B (Penalty notices for certain offences)—
Section 18B (1) (da)—
After section 18B (1) (d), insert:
(da) has committed any prescribed offence under the Transport Accidents
Compensation Act 1987 or any regulation made under that Act;
4 Act No. 102
Miscellaneous Acts (Transport Accidents Compensation) Amendment 1987
SCHEDULE {—continued
AMENDMENT OF CERTAIN ACTS—continued
Motor Vehicles (Third Party Insurance) Act 1942 No. IS—
(1) Section 3—
After section 2, insert:
Application af Act
3. This Act applies to and in respect of—
(a)
the registration or renewal of registration of a motor vehicle effected or required to be effected before 1 July 1987;
(b) the issue of a trader's plate before 1 July 1987;
(c) the use of a motor vehicle before 1 July 1987; and
(d)
the death of or bodily injury to a person arising out of the use, before 1 July 1987, of a motor vehicle.
(2) Section 5 (Interpretation)—
Section 5 (1), definition of "Transport Accidents Compensation Fund"— Omit the definition of "Third-party Fund" in section 5(1), insert instead:
"Transport Accidents Compensation Fund" means the Fund established
under section 15 of the Transport Accidents Compensation Act 1987;
(3) Section 1 4D (Payment of claims)—
Omit "Third-party Fund", insert instead "Transport Accidents Compensation Fund". (4) Sections 33, 33A, 33B, 33E—
Omit the sections.
(5) Section 35A (Application)—
Section 35A (b)—
Omit "Third-party Fund", insert instead "Transport Accidents Compensation
Fund".
(6) Schedule 1 (Maximum premiums)—
Omit the Schedule.
Miscellaneous Acts (Transport Accidents Compensation) Amendment 1987
SCHEDULE 1— continued
AMENDMENT OF CERTAIN ACTS—continued
Recreation Vehicles Act 1983 No. 136—
(1) Section 17 (Applications)— Section 17 (2) (b) (Hi)— Omit the subparagraph, insert instead:
(iii) evidence that the motor vehicle is an insured motor vehicle within the meaning of the Motor Vehicles (Third Party Insurance) Act 1942 or a motor vehicle in respect of which a contribution to the Transport Accidents Compensation Fund has, within the previous 12 months, been, or is about to be, paid under the Transport Accidents Compensation Act 1987; and
(2) Section 18 (Registration)—
Section 18 (2) (b)—
Omit the paragraph, insert instead:
(b)
the motor vehicle is an insured motor vehicle within the meaning of the Motor Vehicles (Third Party Insurance) Act 1942 or a motor vehicle in respect of which a contribution to the Transport Accidents Compensation Fund has, within the previous 12 months, been, or is about to be, paid under the Transport Accidents Compensation Act 1987; and
(3) Section 21 (Cancellation of registration)—
Section 21 (f)—
has, within the previous 12 months, been paid into the Transport Accidents After "1942", insert "or a motor vehicle in respect of which no contribution Compensation Fund established under the Transport Accidents Compensation
Act 1987".
Stamp Duties Act 1920 No. 47—
Section 88D—
Omit the section, insert instead:
Stamp duty on certain insurance policies deemed to have been issued by the
Government Insurance Office6 Act No. 102
Miscellaneous Acts (Transport Accidents Compensation) Amendment 1987
SCHEDULE {—continued
AMENDMENT OF CERTAIN ACTS—continued
(2) The return shall be in such form as the Chief Commissioner may
approve.
(3) The return shall be furnished within 7 days after the calendar month to
which it relates.
(4) The Government Insurance Office shall pay to the Chief Commissioner at the time the return is furnished (or within such further time as the Chief Commissioner may allow) the duty that would have been payable on the policies shown in the return had those policies been made out and executed.
(5) In this section, "Government Insurance Office" means the Government
Insurance Office of New South Wales.
SCHEDULE 2
(Sec. 4)
AMOUNTS OF CONTRIBUTIONS PAYABLE UNDER SECTION 24 OF THE
TRANSPORT ACCIDENTS COMPENSATION ACT 1987
Interpretation
1. (1) In this Schedule—
"Commissioner" means the Commissioner for Motor Transport;
"contribution" means a contribution payable under section 24 of the TransportAccidents Compensation Act 1987;
"implement trailer" means a trailer which is exempt from registration and which comprises a plough, rotary hoe, cultivator or road roller, or fire fighting apparatus or other machinery or apparatus, and is not constructed principally for the conveyance of persons or goods; "Metropolitan District" means the County of Cumberland (excluding any portion of
the City of Wollongong) and the Parish of Cowan in the County of Northumberland;
"motor car" means any motor vehicle constructed principally for the conveyance of
persons and includes a self-propelled caravan;
"motor vehicle" has the same meaning as in the Transport Accidents Compensation Act 1987, but does not include a vehicle which is owned by the Commonwealth or by any person or body of persons representing the Commonwealth;
Miscellaneous Acts (Transport Accidents Compensation) Amendment 1987
SCHEDULE 2—continued
AMOUNTS OF CONTRIBUTIONS PAYABLE UNDER SECTION 24 OF THE
TRANSPORT ACCIDENTS COMPENSATION ACT 1987—continued
"pensioner" means a person—
(a)
who is the holder of a Pensioner Health Benefits Card which is in force issued on behalf of the Commonwealth Department of Health by the Commonwealth Department of Social Security or the Commonwealth Department of Veterans' Affairs; or
(b)
who is in receipt of a pension or other amount paid by the Commonwealth Department of Veterans' Affairs in respect of a war caused disability seriously affecting the person's powers of locomotion, being a pension or other amount (or a pension or other amount at a level) approved by the Commissioner for the purposes of this paragraph,
and— (c)
who is the holder of a licence which is in force to drive a motor vehicle, being a licence for which, pursuant to Regulation 5 of the Motor Traffic Regulations 1935, no fee was payable; or
(d) who is not the holder of a licence referred to in paragraph (c) but—
(i) who has satisfied the Commissioner, by the production of a certificate from a medical practitioner, that the person is medically fit to drive a motor vehicle; or
(ii) who has otherwise satisfied the Commissioner that the person should be treated as a pensioner for the purposes of this Schedule;
"pensioner's motor vehicle" means a motor vehicle—
(a) which is solely owned by a pensioner or jointly owned by 2 or more pensioners;
(b)
which is not used in the course of any trade, business or profession or let out for hire;
(c)
which is used solely or principally by the pensioner or those pensioners, as the case may be;
(d) which is used substantially for social or domestic purposes or for pleasure; and
(e)
which does not weigh more than 2 tonnes or is a motor vehicle, or a motor vehicle of a class or description of motor vehicles, approved for the time being by the Commissioner;
"primary producer" means any person who cultivates or uses that person's own land
8 Act No. 102
Miscellaneous Acts (Transport Accidents Compensation) Amendment 1987
SCHEDULE 2—continued
AMOUNTS OF CONTRIBUTIONS PAYABLE UNDER SECTION 24 OF THE
TRANSPORT ACCIDENTS COMPENSATION ACT 1987—continued
(b)
for dairy farming, poultry or other bird farming, pig farming, beekeeping or oyster culture;
(c) as a nurseryman; or
(d) as a pastoralist for the rearing or grazing of horses, cattle or sheep,or who gathers leaves from which eucalyptus or other oil is to be distilled;
"primary producer's vehicle" means any motor vehicle (not being a motor vehicle
which is used or let for hire)—
(a) which is owned by a primary proJucer and is used solely or principally—(i) for carting primary products produced by the primary producer or materials, provisions or commodities of any kind for use in the primary producer's business or occupation as a primary producer or in the primary producer's household; or
(ii) for purposes connected with the clearing of land to be cultivated or used by the primary producer for primary production; or
(b) which is owned by a rural society formed under the Co-operation Act 1923, where— (i) at least 75 per cent of the shares in the society are held by primary producers; and
(ii) the vehicle is used solely or principally for carting primary products produced by primary producers who are members of the society, or materials, provisions or commodities of any kind for use in their businesses or occupations as primary producers or in their households, or for carting primary products produced by the society or acquired by it from primary producers who are members of the society, or for purposes connected with the clearing of land to be cultivated or used by members of the society for primary production;
"tow-truck" means a motor lorry used for towing broken down or damaged vehicles and which comprises or has permanently affixed thereto a crane or similar apparatus for lifting a vehicle partially clear of the ground and is equipped to maintain it in such a position while towing it; "unladen weight" does not include the weight of any equipment affixed to a motor vehicle for the purposes of enabling the vehicle to be propelled by a type of fuel which the vehicle was not primarily designed to use, and, in the case of a motor vehicle propelled by electricity, does not include the weight of any electric batteries affixed to the vehicle;
Wollongong District" means the City of Wollongong.
Miscellaneous Acts (Transport Accidents Compensation) Amendment 1987
SCHEDULE 2—continued
AMOUNTS OF CONTRIBUTIONS PAYABLE UNDER SECTION 24 OF THE
TRANSPORT ACCIDENTS COMPENSATION ACT 1987'—continued
(2) For the purposes of this Schedule—
(a)
a semi-trailer which is comprised in the registration of an articulated vehicle shall be deemed to be part of the articulated vehicle, and not to be a trailer; and
(b)
a semi-trailer which is not comprised in the registration of an articulated vehicle shall be deemed to be a trailer.
Contributions deemed to have been determined by Minister
2. Contributions determined under this Schedule shall be deemed, for the purposes of the Transport Accidents Compensation Act 1987, to have been duly made by the Minister in accordance with that Act.
Maximum amounts of contributions
3. The maximum amount of contribution for a motor vehicle is—
| (a) | if the contribution is payable in respect of a period of 1 year—the amount specified in the Table to this Schedule having regard to the classification of the motor vehicle and the place at which the vehicle is usually garaged at the time the contribution is payable; or |
| (b) | if the contribution is payable in respect of any other period—an amount calculated at the rate of one-twelfth of the amount referred to in paragraph (a) for each month or part of a month in that period. |
Taxi-cabs and private hire cars—place where vehicle is usually garaged
| 4. A motor vehicle which is comprised in Class 7 or 8 in the Table to this Schedule shall be deemed to be usually garaged in the Transport District in which the vehicle is licensed to operate as a public motor vehicle under the State Transport (Co-ordination) Act 1931. |
Changes which increase maximum contributions
5. (1) If, during the period for which a contribution is payable, a change is made in the construction, use or ownership of the motor vehicle or in the place at which it is usually garaged or otherwise, and the change is of such a nature that an increased amount of contribution could be charged if a contribution were payable immediately after the change, the maximum amount of contribution to be charged in respect of the motor vehicle is, on and from the date of the change, increased by an amount calculated in accordance with subclause (2).
10 Act No. 102
Miscellaneous Acts (Transport Accidents Compensation) Amendment 1987
SCHEDULE 2—continued
AMOUNTS OF CONTRIBUTIONS PAYABLE UNDER SECTION 24 OF THE
TRANSPORT ACCIDENTS COMPENSATION ACT 1987—continued
(2) The amount of the increase is the sum ascertained by adding together the proportionate amount for each month or part of a month in that portion of the period during which the change is effective, that proportionate amount to be calculated by taking the difference between the maximum amount of contribution to be charged in respect of the motor vehicle at the time the contribution was payable and the maximum amount of contribution which would have been payable had that change been made prior to that time, and by dividing that difference by a number equivalent to the number of months (including any part of a month) of the period for which the contribution was payable.
Motor vehicle in 2 or more classifications
6. If a motor vehicle is within 2 or more classifications in the Table to this Schedule, the maximum contribution payable in respect of the motor vehicle is the highest maximum contribution prescribed by this Schedule for any of those classifications.
Pensioners' motor vehicles
7. A pensioner, in relation to the amount of contribution payable in respect of a pensioner's motor vehicle—
(a)
is, except as provided by paragraph (b), entitled to a reduction, determined in accordance with this Schedule, in that amount in respect of one motor vehicle only; or
(b)
is entitled to a reduction, determined in accordance with this Schedule, in that amount in respect of 2 motor vehicles if—
(i)
the pensioner and another pensioner are the joint registered owners of the motor vehicles; and
(ii)
the pensioners referred to in subparagraph (i) are married to each other or reside in the same household.
Contributions
| 8. The maximum contribution to be charged in respect of a motor vehicle that is registered under the Recreation Vehicles Act 1983 is the amount determined in accordance with this Schedule for a motor vehicle which is comprised in Class 10 in the Table to this Schedule and which is usually garaged elsewhere than in the Metropolitan, Newcastle or Wollongong Districts. |
Adjustment of maximum contributions
9. (1) If—
(a)
the maximum amount of contribution determined in accordance with this Schedule, after the addition of any stamp duty payable in respect of the registration or renewal of registration of the motor vehicle to which the contribution relates; or
(b) an amount calculated under clause 3 (b),
Miscellaneous Acts (Transport Accidents Compensation) Amendment 1987
SCHEDULE 2—continued
AMOUNTS OF CONTRIBUTIONS PAYABLE UNDER SECTION 24 OF THE
TRANSPORT ACCIDENTS COMPENSATION ACT 1987'—continued
comprises an amount which is not a whole number of dollars, the amount so comprised shall, subject to subclause (2), be adjusted upwards or downwards, as the case requires, to the nearer amount which produces a whole number of dollars.
(2) If, but for this subclause, an amount could, in accordance with subclause (1), be adjusted upwards or downwards, it shall be adjusted upwards.
Act No. 102
Miscellaneous Acts (Transport Accidents Compensation) Amendment 1987
SCHEDULE 2—continued
AMOUNTS OF CONTRIBUTIONS PAYABLE UNDER SECTION 24 OF THE
TRANSPORT ACCIDENTS COMPENSATION ACT 1987—continued
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Miscellaneous Acts (Transport Accidents Compensation) Amendment 1987
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SCHEDULE 2—continued
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22 Act No. 102
Miscellaneous Acts (Transport Accidents Compensation) Amendment 1987
SCHEDULE 3
(Sec. 5)
SAVINGS AND TRANSITIONAL PROVISIONS
Interpretation
1. Words and expressions used in this Schedule have the same meanings as in the Transport Accidents Compensation Act 1987.
Transfer of money in Third-party Fund
2. (1) In this clause—
"Compensation Fund" means the Transport Accidents Compensation Fund;
"Third-party Fund" means the fund administered by the GIO within the insurance funds administration business division of t'.ie GIO which comprises amounts (other than commission held by the GIO as manager of the Department of Motor Transport Third Party Insurance Scheme).
(2) On 1 July 1987, the GIO shall pay into the Compensation Fund all money then standing to the credit of the Third-party Fund.
(3) On and from 1 July 1987—
(a)
money which would, but for the enactment of the Transport Accidents Compensation Act 1987 and this Act, have been paid or payable out of the Third- party Fund shall be paid or payable out of the Compensation Fund; and
(b)
money which would, but for the enactment of the Transport Accidents Compensation Act 1987 and this Act, have been paid or payable into the Third- party Fund shall be paid or payable into the Compensation Fund.
Regulations
3. (1) The regulations under the Transport Accidents Compensation Act 1987 may contain other provisions of a savings or transitional nature consequent on the enactment of that Act and this Act.
| (2) A provision referred to in subclause (1) may, if the regulations so provide, take effect as from 1 July 1987 or a later day. |
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a)
to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication therein; or
(b)
to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication therein.
Miscellaneous Acts (Transport Accidents Compensation) Amendment 1987
SCHEDULE 3—continued
SAVINGS AND TRANSITIONAL PROVISIONS—continued
(4) A provision referred to in subclause (1) shall, if the regulations so provide, have effect notwithstanding any other clause of this Schedule.
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