Motor Vehicle (Third Party Insurance) Act Amendment Act 1951 (WA)

No. 40.] Motor Vehicle (Third Party [1951.

Insurance).

MOTOR VEHICLE (THIRD PARTY

INSURANCE).

15° and 16° Geo. VI., No. XL.

No. 40 of 1951.

AN ACT to amend the Motor Vehicle (Third

Party Insurance) Act, 1943-1948.

[Assented to 20th December, 1951.]

RE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Snort title. 1. This Act may be cited as the Motor Vehicle (Third Party Insurance) Act Amendment Act, 1951, and shall be read as one with the Motor Vehicle (Third Party Insurance) Act, 1943-1948 (Act No. 32 of 1943, as reprinted pursuant to the Amendments Incorporation Act, 1938, with amendments to and including Act No. 31 of 1948, incorporated in Volume 3 of the Reprinted Acts of the Parliament of Western Australia), referred to in this Act as the principal Act.

1951.] Motor Vehicle (Third Party [No. 40.

Insurance).

2.    The principal Act, as amended by this Act, PrincipalAct

may be cited as the Motor Vehicle (Third Party g sy se l'irater!

Insurance) Act, 1943-1951.

3.    Paragraphs (b) and (c) of subsection (3) of ?acted.

section three A of the principal Act are amended by substituting for the words, "the Fire and Accident Underwriters' Association of W.A. (Inc.)" the words, "the body known as Fire and Accident Underwriters' Association of Western Australia".

4.    Section three B of the principal Act is repealed repealed and

and re-enacted as follows:— re-enacted.

3B. (a) Of the three members of the Trust nominated by the body known as the Fire and Accident Underwriters' Association of Western Australia for appointment as from the expira- tion of the term for which the first three members nominated by that body were first appointed, the first, second and third in the order in which they are nominated for appoint- ment shall hold office for five, four and three years respectively from the date of appointment.

(h) Except as provided in the last preceding subsection, each nominated member of the Trust shall hold office for the period of three years from the date of his appointment.

(c) Each nominated member of the Trust shall be eligible for re-nomination and re-appointment.

5. Subsection (3) of section three L of the prin- S. 3L amended.

cipal Act is repealed and re-enacted as follows:—

(3) (a) The interest of each participating

approved insurer in the Fund as from the

commencement of the Fund shall be in the

No. 40] Motor Vehicle (Third Party [1951.

Insurance.

same proportion as its gross premiums received - during the year ended on the thirtieth day of June, one thousand nine hundred and forty- eight, bears to the total gross premiums received by all participating approved insurers during that year.

(b) For the purpose of the last preceding paragraph a premium received during the year ended on the thirtieth day of June, one thousand nine hundred and forty-eight, means a premium received during that year by a participating approved insurer as an approved insurer under the Act in respect of an insurance which com- menced during that year either by way of the issue or the renewal of a policy of insurance.

(c) The percentage amount of each such interest shall be determined by the Chairman of the Committee appointed under section thirty-one of this Act and certified by him in writing to the Trust.

S. 3P

amended., 6. Paragraph (b) of subsection (4) of section three P of the principal Act is repealed and re-enacted as follows

(b) the total amount paid by the Trust in respect of claims, including costs and other expenses incidental to claims, arising from-

(i)

insurances effected during that year,

and

(ii)    accidents occurring during that year in respect to which claims are made under section seven, subsection (3), or section eight of this Act; and.

7. Subsection (5) of section three R of the principal Act is amended by inserting after the word, "to" in the first line of the subsection the words, "the approval of the Minister and to".