Motor Vehicle (Third Party Insurance) Legislation Amendment Ordinance 2001 (No. 1) (CI) (Cth)

TERRITORY OF CHRISTMAS ISLAND

Motor Vehicle (Third Party Insurance) Legislation Ordinance 2001

No. 3, 2001 as amended

made under the

Christmas Island Act 1958

Compilation start date:                     18 October 2014

Includes amendments up to: Christmas Island Legislation Amendment (2014 Measures No. 1) Ordinance 2014

About this compilation

This compilation

This is a compilation of the Motor Vehicle (Third Party Insurance) Legislation Ordinance 2001 as in force on 18 October 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 21 October 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name of Ordinance............................................................................. 1

2............ Commencement................................................................................... 1

3............ Amendment of Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CI) 1

4............ Amendment of Motor Vehicle (Third Party Insurance) Regulations 1962 (WA) (CI)            1

Schedule 1—Amendments of Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CI)     2

Schedule 2—Amendments of Motor Vehicle (Third Party Insurance) Regulations 1962 (WA) (CI)    13

Endnotes19

Endnote 1—About the endnotes  19

Endnote 2—Abbreviation key  21

Endnote 3—Legislation history  22

Endnote 4—Amendment history  23

Endnote 5—Uncommenced amendments [none]  24

Endnote 6—Modifications [none]  24

Endnote 7—Misdescribed amendments [none]  24

Endnote 8—Miscellaneous [none]  24

1  Name of Ordinance

This Ordinance is the Motor Vehicle (Third Party Insurance) Legislation Ordinance 2001.

2  Commencement

This Ordinance commences on gazettal.

3  Amendment of Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CI)

Schedule 1 amends the Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CI).

4  Amendment of Motor Vehicle (Third Party Insurance) Regulations 1962 (WA) (CI)

Schedule 2 amends the Motor Vehicle (Third Party Insurance) Regulations 1962 (WA) (CI).

Schedule 1—Amendments of Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CI)

(section 3)

[1]  Subsection 3(1), before definition of Commission

insert

approved insurer means an insurer approved, in writing, by the Minister under section 3AA.

[2]  Subsection 3(1), definitions of Commission, Fund and Minister

omit

[3]  Subsection 3(1), after definition of motor vehicle

insert

nominal defendant means the person appointed under section 3AC as the nominal defendant in the Territory.

[4]  After subsection 3(1)

insert

(1A)  For the application of sections 10, 11, 12, 27, 29, 29A, 30 and 33 to the death or bodily injury of a person caused directly by, or by the driving of, an uninsured or unidentified motor vehicle, the approved insurer, or the relevant approved insurer, means the nominal defendant.

[5]  After section 3

insert

3AA  Approved insurer

(1)  An insurer may apply, in writing, to the Minister to be an approved insurer for this Act.

(2)  Before the end of 21 days after receiving an application, the Minister must:

(a)  approve or refuse to approve the insurer; and

(b)  give the insurer written notice of the decision and, if the decision is a refusal, the reasons for that decision.

(3)  In deciding to approve or refuse to approve an insurer, the Minister must consider:

(a)  the Territory’s requirements for third party motor vehicle insurance; and

(b)  the ability of the insurer to provide insurance of that kind in the Territory.

(4)  An approval is subject to any conditions that are prescribed by regulation.

(5)  Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister to refuse the approval of an insurer.

3AB  Revocation of approval

(1)  The Minister may revoke the approval of an approved insurer if the insurer contravenes:

(a)  a provision of this Act or of any regulations under this Act; or

(b)  a condition to which the insurer’s approval is subject.

(2)  In deciding whether to revoke an approval under subsection (1), the Minister must consider:

(a)  the kind and seriousness of the contravention; and

(b)  whether the insurer has previously contravened a provision of this Act or of any regulations under this Act, or a condition to which the insurer’s approval is subject (as the case may be).

(3)  The revocation of an approval does not affect:

(a)  a policy of insurance made with the approved insurer that is in force before the revocation; or

(b)  any liability of the insurer under that policy, or this Act, that was incurred before the revocation.

(4)  Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision of the Minister to revoke the approval of an insurer under subsection (1).

(5)  A revocation takes effect on the day on which:

(a)  the Minister gives written notice to the insurer of the revocation, and the reasons for it; or

(b)  if the insurer makes an application under subsection (4)—the insurer is given notice of a decision affirming the revocation.

(6)  Failure by the Minister to give the reasons for revocation does not make the revocation ineffective.

3AC  Nominal defendant

(1)The Minister may, by writing, appoint an approved insurer as the nominal defendant in the Territory.

(2)If more than one insurer has been approved under section 3AA, and a majority of the approved insurers nominates 1 of them to be the nominal defendant, only the nominated approved insurer may be appointed.

(3)An appointment may only be made with the agreement, in advance, of the approved insurer.

(4)When an appointment is made, notice of the appointment must be published in the Government Gazette of the Territory stating the nominal defendant’s name and address for service.

(5)  If there is no nominal defendant, the Administrator is taken to be the nominal defendant.

3AD  Revocation of appointment of nominal defendant

(1)  The Minister may, by notice in writing published in the Government Gazette of the Territory, revoke the appointment of an approved insurer as the nominal defendant if:

(a)  the insurer asks the Minister, in writing, to do so; or

(b)  the Minister thinks it appropriate in the circumstances.

(2)  If the Minister appoints a nominal defendant, a previous appointment of a nominal defendant is taken to have been revoked.

(3)If the appointment of a nominal defendant is revoked, any action that has been commenced, but not concluded, against the former nominal defendant:

(a)  is taken to continue; and

(b)  is taken for all purposes to have been commenced against the new nominal defendant on the day it was commenced against the former nominal defendant.

[6]  Subsection 3R (4)

substitute

(4)  The Director General must, whenever he or she is directed to do so by an approved insurer, remit to the approved insurer the total amount of all insurance premiums received by the Director General on account of insurance policies issued on behalf of the insurer under this Act, less any agreed commission, together with the prescribed documents and information (if any) in relation to those premiums.

[7]  Subsection 3R(5)

omit

[8]  Section 3S

omit

[9]  Section 3T

substitute

3T  Premiums

The regulations may prescribe maximum rates of premiums that an approved insurer may charge for insurance issued for this Act.

[10]  Paragraph 6A(2)(b)

omit

10A  Section 7, heading

Repeal the heading, substitute:

7  Liability of approved insurer

[11]  Paragraph 7(6)(b)

omit

Act;

insert

Act in the Territory;

[12]  After section 7

insert

7A  Payment by nominal defendant

(1)  If the nominal defendant is an approved insurer, the nominal defendant may recover from the other approved insurers (if any) and the Commonwealth a proportion of:

(a)  any amount paid in satisfaction of a claim made or judgment recovered against the nominal defendant; and

(b)  the amount of any costs or expenses incurred by the nominal defendant in relation to the claim or the proceedings in which the judgment was obtained; and

(c)  any amount necessary from time to time to meet costs and expenses incurred in the exercise of the functions of the nominal defendant.

(2)  If the nominal defendant is the Administrator, the nominal defendant may recover from the approved insurer or insurers a proportion of:

(a)  any amount paid in satisfaction of a claim made or judgment recovered against the nominal defendant; and

(b)  the amount of any costs or expenses incurred by the nominal defendant in relation to the claim or the proceedings in which the judgment was obtained; and

(c)  any amount necessary from time to time to meet costs and expenses incurred in the exercise of the functions of the nominal defendant.

(3)  The Minister must determine the proportion of any amounts mentioned in subsection (1) or (2) payable by each approved insurer and the Commonwealth.

(4)  In making a determination under subsection (3), the Minister must have regard, so far as practicable, to:

(a)  the premiums received by each approved insurer, during a period chosen by the Minister for the purpose; and

(b)  the premiums that would have been payable for Commonwealth motor vehicles during the period if they had been insured under this Act.

(5)  After making a determination under subsection (3), the Minister must tell each approved insurer, in writing:

(a)  the amount the insurer must pay to the nominal defendant under the determination; and

(b)  the time within which the insurer must pay that amount to the nominal defendant.

[13]  Section 8A, heading

substitute

8A  Liability of approved insurers where spouse injured

[14]  Section 11, heading

substitute

11  Power of approved insurers to deal with claims against insured persons

[15]  Paragraph 12 (1) (b)

omit

to the Commission within one month after the occurrence out of which the death or bodily injury arose, the Commission

insert

to the relevant approved insurer, or (if the vehicle is uninsured) the nominal defendant, within 1 month after the occurrence out of which the death or bodily injury arose, the relevant approved insurer or nominal defendant (as the case may be)

[16]  Section 15, heading

substitute

15  Right of approved insurers against unauthorised drivers

[17]  Subsection 16 (1), definition of proclaimed date

omit

1972

insert

1972 (WA)

[18]  Section 19, heading

substitute

19  Approved insurer not to terminate policy

[19]  Section 25, heading

substitute

25  Information to be furnished by approved insurer

[20]  After section 33

insert

34  Delegation

The Minister may, in writing, delegate any of his or her powers or functions under this Act, except a power vested in the Minister under subsection 8G(1) of the Christmas Island Act 1958.

35  Transitional

(1)  If a policy of insurance under this Act was in force immediately before the commencement of the Motor Vehicle (Third Party Insurance) Legislation Amendment Ordinance 2001 (No. 1) (the Ordinance):

(a)  that policy continues in force in accordance with its terms as if the Ordinance had not commenced; and

(b)  any thing that may have been, or was required to be, done in relation to that policy (except an extension of the policy under section 21) may be done, or is required to be done, as the case may be, as if the Ordinance had not commenced; and

(c)  the policy may be terminated in the same way as it could have been terminated if the Ordinance had not commenced.

(2)  CGU Insurance Ltd is taken to be approved under section 3AA immediately after the commencement of the Ordinance.

[21]  Further amendments

Provision	omit	insert
Subsection 3(1), definition of contract of insurance	the Commission	an approved insurer
Subsection 3R(2)	the Commission (each mention)	an approved insurer
Subsection 3R(3)	the Commission.	an approved insurer.
Paragraph 4(8)(a)	Commission	relevant approved insurer
Paragraph 4(9a)(a)	the Commission (first mention)	an approved insurer
Paragraph 4(9a)(a)	the Commission (second mention)	the approved insurer
Paragraph 4(9a)(b)	Commission	approved insurer
Paragraph 6(1)(a)	the Commission,	an approved insurer,
Subsection 6A(3)	Commission	relevant approved insurer
Subsection 7(1)	Commission (first mention)	relevant approved insurer
Subparagraph 7(1)(i)	Commission	approved insurer
Subsection 7(2)	Commission (first mention)	relevant approved insurer
Subsection 7(2)	Commission (second and third mentions)	approved insurer
Subsection 7(3)	Commission (each mention)	nominal defendant
Subsection 7(4)	the Commission	an approved insurer
Subsection 7(5)	Commission (each mention)	approved insurer
Paragraph 7(6)(c)	the Commission	an approved insurer
Paragraph 7(6)(c)	Commission.	approved insurer.
Subsections 8(1), (3) and (5)	Commission (each mention)	nominal defendant
Subsection 8A(1)	Commission	nominal defendant
Subsection 8A(2)	Commission,	nominal defendant and any other relevant approved insurer,
Subsection 10(1)	Commission	relevant approved insurer
Subsection 10(3)	Commission (first mention)	relevant approved insurer
Subsection 10(3)	Commission (second mention)	approved insurer
Subsection 10(5)	Commission—	relevant approved insurer:
Subsection 10(5)	Commission (second mention)	approved insurer
Subsection 10(6)	Commission (each mention)	approved insurer
Subsection 11(1)	The Commission	The relevant approved insurer
Subparagraph 11(1)(d)(i)	Commission	approved insurer
Subsection 11(2)	Commission	approved insurer
Subsection 11(3)	Commission (first mention)	relevant approved insurer
Subsection 11(3)	Commission (second mention)	approved insurer
Paragraph 12(3)(b)	the Commission	the relevant approved insurer
Subsection 12(3)	Commission (second mention)	relevant approved insurer or nominal defendant
Subsection 12(5)	Commission	relevant approved insurer or nominal defendant
Section 14	Commission (each mention)	nominal defendant
Paragraph 15(a)	Commission	relevant approved insurer
Paragraph 15(b)	the Commission (first mention)	an approved insurer
Paragraph 15(b)	Commission (second mention)	approved insurer
Subsection 16(1), definition of action or proceedings	Commission;	nominal defendant or another approved insurer.
Subsection 18(1)	or the Commission may	may
Section 19	The Commission	An approved insurer
Subsection 23(1)	the Commission	an approved insurer
Section 25	The Commission	An approved insurer
Subsection 27(2)	the Commission	an approved insurer
Subsection 29(1)	the Commission, (first mention)	an approved insurer,
Subsection 29(1)	the Commission, (second mention)	the approved insurer,
Subsection 29(2)	Commission	approved insurer
Subsection 29(3)	Commission	approved insurer
Paragraph 29(4)(b)	Commission	approved insurer
Section 29A	the Commission (first mention)	an approved insurer
Section 29A	the Commission (second mention)	the approved insurer
Subsection 30(1)	the Commission (first mention)	an approved insurer
Subsection 30(1)	the Commission (second and third mentions)	the approved insurer
Subsection 30(3)	the Commission (first mention)	an approved insurer
Subsection 30(3)	the Commission (second mention)	the approved insurer
Subsection 33(3)	the Commission,	an approved insurer,
Schedule	MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943	MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 (WA) (CI)
Schedule	The INSURANCE COMMISSION OF WESTERN AUSTRALIA,	[The approved insurer],
Schedule	Motor Vehicle (Third Party Insurance) Act 1943,	Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CI),
Schedule, Conditions, clause 3	The Commission	[The approved insurer]

Schedule 2—Amendments of Motor Vehicle (Third Party Insurance) Regulations 1962 (WA) (CI)

(section 4)

[1]  Regulation 3, definition of local authority

omit

[2]  Regulation 23

omit

sections

insert

provisions

[3]  Regulation 23, table

substitute

Provision of the Act	Instrument or document	Number of Form
Subsection 7 (3)	Notice of claim	1
Subsection 8 (5)	Notice of claim to the nominal defendant	2
Subsection 10 (1)	Notice of happening of accident to be given to the approved insurer or nominal defendant	3
Subsection 10 (3)	Notice of claim by insured person to the approved insurer or nominal defendant	4
Paragraph 12 (1) (b)	Notice of claim by medical practitioner, nurse or other person to the approved insurer or nominal defendant	5
Section 29	Notice of intention to make claim	7

[4]  Regulation 24

omit

Every local authority

insert

The Director General

[5]  Regulation 24

omit the first mention of

the Trust

insert

each approved insurer

[6]  Paragraph 24 (a)

omit

Trust

insert

approved insurer

[7]  Paragraph 24 (c)

omit

[8]  Paragraph 24 (d)

omit

Trust

insert

approved insurer

[9]  Regulation 26

substitute

26  Emergency treatment—ambulance

For subparagraph 12(1)(b)(iii) of the Act, the amount to be paid to an ambulance service that carries an injured person from an accident is the sum of:

(a)  $45 as the call out fee; and

(b)  the amount calculated according to the following formula:

$1.20 ´  K

where K is the number of kilometres (except the first 10 kilometres) travelled by the ambulance.

[10]  Regulations 27, 28 and 29

omit

[11]  Regulation 30

substitute

30  Issue of licence is evidence that premium has been paid

The issue of a licence for a motor vehicle by the Director General, under the provisions of the Road Traffic Act 1974 and the regulations made under that Act, is conclusive evidence that, before, or at the time of, the issue of the licence, the appropriate premium determined by the relevant approved insurer for the vehicle and the period of the licence was paid to the Director General.

[12]  Regulation 30A

omit

a local authority

insert

the Director General

[13]  Regulation 30B

omit

a local authority

insert

the Director General

[14]  Regulation 30B

omit

the local authority

insert

the Director General

[15]  Regulation 30B

omit

Trust.

insert

relevant approved insurer.

[16]  Regulations 31 and 32

omit

[17]  Appendix

omit each mention of

Western Australia

insert

Christmas Island

[18]  Appendix

omit each mention of

Motor Vehicle (Third Party Insurance) Act 1943

insert

Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CI)

[19]  Appendix, Form 1

omit

the Motor Vehicle Insurance Trust:

insert

the nominal defendant:

[20]  Appendix, Form 2, heading

omit

NOTICE OF CLAIM BY INJURED PERSON TO THE TRUST

insert

Notice of claim by injured person to the nominal defendant

[21]  Appendix, Form 2

omit

the Motor Vehicle Insurance Trust:

insert

the nominal defendant:

[22]  Appendix, Form 3

omit

the Motor Vehicle Insurance Trust:

insert

the approved insurer/nominal defendant:

[23]  Appendix, Form 4, heading

omit

NOTICE OF CLAIM TO THE TRUST BY INSURED PERSON

insert

Notice of claim to the approved insurer or nominal defendant by insured person

[24]  Appendix, Forms 4 and 5

omit

the Motor Vehicle Insurance Trust:

insert

the approved insurer/nominal defendant:

[25]  Appendix, Form 6

omit

[26]  Appendix, Form 7

omit

the Motor Vehicle Insurance Trust:

insert

the approved insurer/nominal defendant:

[27]  Appendix, Form 8

omit

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

ad = added or inserted	pres = present
am = amended	prev = previous
c = clause(s)	(prev) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expired or ceased to have effect	rep = repealed
hdg = heading(s)	rs = repealed and substituted
LI = Legislative Instrument	s = section(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
mod = modified/modification	Sdiv = Subdivision(s)
No = Number(s)	SLI = Select Legislative Instrument
o = order(s)	SR = Statutory Rules
Ord = Ordinance	Sub‑Ch = Sub‑Chapter(s)
orig = original	SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s)

Endnote 3—Legislation history

Name	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
Motor Vehicle (Third Party Insurance) Legislation Amendment Ordinance 2001 (No. 1) No. 3, 2001	15 Oct 2001 (F2004B01629)	15 Oct 2001
Christmas Island Legislation Amendment (2014 Measures No. 1) Ordinance 2014 (No. 2, 2014) No. 3, 2014	17 Oct 2014 (F2014L01361)	Sch 1 (items 8–13): 18 Oct 2014 (s 2)	—

Endnote 4—Amendment history

Provision affected	How affected
Title.....................................	rep No 2, 2014
s 1........................................	rs No 2, 2014
s 5........................................	rep No 2, 2014
Sch 1
item 10A..............................	ad No 2, 2014
item 20.................................	am No 2, 2014
Sch 3
Sch 3....................................	rep No. 2, 2014

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]