Motor Vehicles Insurance Act Amendment Act 1988 (Qld)

848 (iueeu sIauu. Ef i ONT` ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE Noof 1988 An Act to amend the Motor Vehicles Insurance Act 1936- 1979 in certain particulars [ASSENTED TO 1 1TH NOVEMBER, 1988]

Motor Vehicles Insurance Act Amendment Act 1988, No. 74 849 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short Title. This Act may be cited as the Motor Vehicles Insurance Act Amendment Act 1988. 2. Citation . (1) In this Act the Motor Vehicles Insurance Act 1936- 1979 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Motor Vehicles Insurance Act 1936-1988. 3. Retrospective commencements . (1) Sections 7 and 8 shall be deemed to have commenced on 22 September 1988 and where necessary the provisions of the Principal Act as thereby amended shall be given retrospective operation accordingly. (2) Section 9 shall be deemed to have commenced on 1 July 1987 and the provisions thereby enacted shall be given retrospective operation accordingly. 4. New s. 1A . The Principal Act is amended by inserting after section 1 the following section:- "1A. Arrangement . This Act is arranged in Parts as follows:- PART I-PRELIMINARY (ss. 1-2c); PART II-INDEMNITY AGAINST LIABILITY FOR ACCIDENTAL BODILY INJURY (ss. 3-4c); PART III-NOMINAL DEFENDANT ( ss. 4D-4G); PART IV-MISCELLANEOUS PROVISIONS ( ss. 4H- 13); PART V-PROVISIONS CONCERNING PARTICULAR CONTRACTS OF INSURANCE (ss. 14-15); PART VI-CASES INVOLVING INTERSTATE ELEMENT ( ss. 16-20).". 5. New Part headings . The Principal Act is amended by inserting as a heading before a section referred to in the first column of the following Table the words specified in the second column of the Table opposite to that reference:- 28

850 Motor Vehicles Insurance Act Amendment Act 1988, No. 74 Section "TABLE Heading s. 1 ............ s. 3 s.4D............ s.4H............ s. 14 .. .. .. .. .. .. PART I-PRELIMINARY PART II-INDEMNITY AGAINST LIABILITY FOR ACCIDENTAL BODILY INJURY PART III-NOMINAL DEFENDANT PART IV-MISCELLANEOUS PROVISIONS PART V-PROVISIONS GOVERNING PARTICULAR CONTRACTS OF INSURANCE". 6. Amendment of s. 2. Definitions . Section 2 of the Principal Act is amended- (a) by omitting from the note in and at the beginning of the section the word "Definitions" and substituting the word "Interpretation"; (b) by numbering the provisions thereof as subsection (1); (c) by inserting after the definition "Air cushion vehicle" the following definition:- "Contract of insurance" includes any statutory indemnification provided by or under the legislation of a State or Territory of the Commonwealth for the attainment of objects substantially similar to the objects of this Act;"; (d) by inserting after the definition "Minister" the following definition:- " "Mobile machinery"-Does not include a vehicle used principally for the transport of goods or substances on roads;"; (e) in the definition "Motor vehicle", (i) by omitting the expression "trailer,"; (ii) by adding to the end of the definition the words "or any motor mower"; (f) by adding at the end thereof the following subsections- "(2) Accidental bodily injury (fatal or non-fatal) caused on or after 22 September 1988 is not injury to which any provision of this Act applies unless it is a consequence of- (a) the driving of a motor vehicle; (b) a collision, or action to avoid a collision, with a motor vehicle when stationary; (c) a motor vehicle running out of control; or (d) a defect in a motor vehicle.

Motor Vehicles Insurance Act Amendment Act 1988, No. 74 851 (3) Accidental bodily injury (fatal or non-fatal) caused by a motor vehicle that is a back-hoe, bulldozer, end-loader, fork-lift, mobile crane or hoist, or other mobile machinery on or after 22 September 1988 is not injury to which any provision of this Act applies unless the injury is caused on land dedicated as road according to law. (4) Where a contract of insurance under this Act relates to a motor vehicle immediately before 22 September 1988, the limitation of the accidental bodily injury (fatal or non-fatal) to which this Act applies prescribed by subsection (2) or (3) shall not affect the right to indemnity as provided by the contract immediately before that date against legal liability by way of damages for accidental bodily injury (fatal or non- fatal) caused by, through or in connection with the motor vehicle during the term of the contract current immediately before that date." 7. Amendment of s. 3. Insurance by owners of motor cars. Section 3 of the Principal Act is amended- (a) by omitting from the note in and at the beginning of subsection (1) the word "cars" and substituting the word "vehicles"; (b) in subsection (1), (i) by omitting the words "himself and all other persons and keep himself and all other persons indemnified" and substituting the words "and keep indemnified the owner and every authorised agent of the owner"; (ii) by omitting the words "he or his estate or any such other person" and substituting the words "the owner or his estate or any such authorised agent"; (iii) adding at the end of the subsection the following paragraph:- "Liability by way of damages referred to in the first paragraph of this subsection does not include the liability of an employer incurred on or after 22 September 1988 to pay damages on account of accidental bodily injury (fatal or non-fatal) caused by, through or in connection with a motor vehicle to his employee (being a worker within the meaning of the Workers Compensation Act 1916-1988) in circumstances such as would give rise to an entitlement to the payment of compensation under that Act.". (c) in subsection (3), by omitting all words from and including "to any one person" to the end of the subsection and substituting the words ", whatsoever and howsoever arising out of any one accident or series of accidents arising out of any one' event, caused to any one person by, through or in connection with the motor vehicle to which the contract relates.". 8. New s. 3A. The Principal Act is amended by inserting after section 3 the following section:- "3A. Contract of insurance extends to trailers. The indemnity provided by a contract of insurance made in accordance with section 3 (1) shall be taken to include indemnity against all sums

852 Motor Vehicles Insurance Act Amendment Act 1988, No. 74 for which the insured person or his estate shall become legally liable by way of damages for accidental bodily injury (fatal or non-fatal) caused to any person by, through or in connection with a trailer to which no such contract of insurance relates that, at the material time- (a) is attached to the motor vehicle to which the contract relates; or (b) is running out of control because it has become detached accidentally from the motor vehicle to which the contract relates.". 9. New Part VI. The Principal Act is amended by adding after section 15 the following heading and sections:- "PART VI-CASES INVOLVING INTERSTATE ELEMENTS 16. Additional obligation of insurers . The obligation of the Office or a licensed insurer under a contract of insurance made in accordance with section 3 (1) includes an obligation to pay compensation for accidental bodily injury (fatal or non-fatal) to any person caused by, through or in connection with the motor vehicle to which the contract relates in a State, other than Queensland, or Territory of the Commonwealth where- (a) the person was an occupant of that motor vehicle; (b) the person's principal place of residence was in Queensland at the time of the accident; and (c) had the accident occurred in Queensland, a contract of insurance would have provided for indemnity against liability by way of damages for the accidental bodily injury caused to the person. 17. Additional liability of Nominal Defendant . (1) Where accidental bodily injury (fatal or non-fatal) to any person has been caused in a State, other than Queensland, or Territory of the Commonwealth by, through or in connection with a motor vehicle, being injury such that, had it been caused in Queensland, a claim for damages for such injury could have been made, a claim for damages for such injury may be made to The Nominal Defendant (Queensland) and action to enforce any such claim may be brought against The Nominal Defendant (Queensland), if the prescribed conditions are satisfied. (2) The prescribed conditions referred to in subsection (1) are- (a) the person's principal place of residence at the time of the accident was in Queensland; (b) the case is not one to which section 16 applies; and (c) had the accident occurred in Queensland, a contract of insurance made in accordance with section 3 (1)

Motor Vehicles Insurance Act Amendment Act 1988, No. 74 853 (assuming such a contract to exist where one does not exist in fact) relating to the motor vehicle would provide for indemnity against liability by way of damages for the accidental bodily injury caused to the person. 18. No recovery right on s. 17 claim. The Nominal Defendant (Queensland) is not entitled to recover from any person on account of moneys paid by it in connection with a claim made on it under section 17. 19. Quantum of damages or compensation . The amount to which a claimant is entitled upon a claim for damages or compensation under section 16 or 17 is- (a) where the claimant is not entitled to recover damages or compensation under the law of a State, other than Queensland, or Territory of the Commonwealth by reason of the occurrence in that State or Territory of the accident from which the claim arises-the amount that the claimant could recover by way of damages by action under the law of Queensland, had the accident occurred in Queensland; or (b) where the claimant is entitled to recover damages or compensation under the law of a State, other than Queensland, or Territory of the Commonwealth by reason of the occurrence in that State or Territory of the accident from which the claim arises-the amount by which the amount that the claimant could recover by way of damages by action under the law of Queensland, had the accident occurred in Queensland, exceeds the amount that the claimant is entitled to recover by way of damages or compensation under the law of that State, other than Queensland, or Territory of the Commonwealth. 20. Limitation of damages . No person is entitled to recover by action under the law of Queensland, by way of damages for accidental bodily injury (fatal or non-fatal) to any person caused by, through or in connection with a motor vehicle an amount greater than that which he might have recovered by action or other process under the law of the State or Territory of the Commonwealth in which the injured person has or had (at the time of the accident) his principal place of residence, by way of damages or compensation for like bodily injury caused in like circumstances by, through or in connection with a motor vehicle in that State or Territory.".