Motor Vehicle (Third Party Insurance) Act Amendment Act (No. 2) 1975 (WA)

WESTERN AUSTRALIA.

MOTOR VEHICLE (THIRD

PARTY INSURANCE) (No. 2).

No. 55 of 1975.

AN ACT to amend the Motor Vehicle (Third Party

Insurance) Act, 1943-1975.

[Assented to 15th October, 1975.]

BE it enacted by the Queen's Most ExcellentMajesty, 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:—

1. (1) This Act may be cited as the Motor	Short title
and citation.

Vehicle (Third Party Insurance) Act Amendment

Act (No. 2), 1975.

Reprinted as

(2) In this Act the Motor Vehicle (Third Party

approved for

reprint 3rd

Insurance) Act, 1943-1975 is referred to as the

May, 1974

and

principal Act.

amended by Acts Nos. 58 of 1974 and 7 of 1975.

No. 55.] Motor Vehicle (Third Party [1975.

Insurance) (No. 2).

(3) The principal Act as amended by this Act may be cited as the Motor Vehicle (Third Party Insur- ance) Act, 1943-1975.

Section 3

amended. 2. Subsection (1) of section 3 of the principal Act is amended by adding after the interpretation "Motor vehicle" an interpretation as follows

"Nominated member" includes a member of the Trust appointed by the Governor after no nomination or no sufficient nomination has been made within the prescribed time.

Section 3A

amended. 3. Section 3A of the principal Act is amended

(a) by deleting paragraphs (b) and (c) of subsection (3) and substituting a paragraph as follows

(b) four shall be nominated by participa- ting approved insurers other than the State Government Insurance Office. ; and

(b) by deleting the words "the body in respect of the representative of which no nomination or no sufficient nomination has been made" in lines six, seven and eight of subsection (4), and substituting the words "participating approved insurers other than the State Government Insurance Office".

Section 3B

repealed	4. The principal Act is amended by repealing
and

re-enacted.	section 3B and re-enacting that section as follows- 3B. Each nominated member of the Trust shall hold office for a period of four years from the date of his appointment and is eligible for re-nomination and re-appointment. .
Term of
office.

1975.] Motor Vehivle (Third Party [No. 55.

Insurance) (No. 2).

Section 3BA

5. The principal Act is amended by adding after added.

section 3B a section as follows

3BA. (1) Each of the nominated members 1=11:a'

of the Trust holding office immediately before nominated

the date of the coming into operation of the members.

Motor Vehicle (Third Party Insurance) Act Amendment Act (No. 2), 1975 shall be deemed, on and after that date, to be members nominated by participating approved insurers other than the State Government Insurance Office.

(2) Notwithstanding section three B of this

Act

(a)	the date on which the term of office of a nominated member referred to in subsection (1) of this section expires shall be determined in accordance with the provisions of this Act as in force immediately before the coming into operation of the Motor Vehicle (Third Party Insurance) Act Amendment Act (No. 2), 1975;
(b)	of the two members appointed to fill vacancies in the office of nominated member of the Trust that occur by effluxion of time in the year one thousand nine hundred and seventy- six

(i)    one shall hold office for a period of three years from the date of his appointment; and

(ii)    one shall hold office for a period of four years from the date of his appointment,

and the instrument by which they are appointed shall specify which of them shall hold office for those respective periods. .

No. 55.] Motor Vehicle (Third Party [1975.

Insurance) (No. 2).

Section 3G

amended. 6. Subsection (2) of section 3G of the principal Act is amended by deleting paragraphs (b) and (c) and substituting a paragraph as follows

(b) in the case of a member appointed pursuant to paragraph (b) of subsection (3) of section three A—by the Governor, acting pursuant to that paragraph or subsection (4) of that section. .

Section 31

amended. 7. Subsection (2) of section 31 of the principal Act is amended by deleting paragraphs (c) and (d) and substituting a paragraph as follows

(c) two shall be persons, not being members of the Trust, nominated by participating approved insurers other than the State Government Insurance Office; .