Motor Vehicles Insurance Act and Another Act Amendment Act 1979 (Qld)

756 w m r,ml nn^ ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 71 of 1979 An Act to amend the Motor Vehicles Insurance Act 1936- 1975 in certain particulars and for a related purpose and to amend the V.I .P. Insurances Limited (Motor Vehicles Insurance ) Act 1978 in certain particulars [ASSENTED TO 21ST DECEMBER, 1979j 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Motor Vehicles Insurance Act and Another Act Amendment Act 1979. 2. Arrangement of Act. This Act is arranged in Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENT OF MOTOR VEHICLES INSURANCE Acr; PART III-AMENDMENT OF V.I.P. INSURANCES LIMITED (MOTOR VEHICLES INSURANCE) ACT.

Motor Vehicles Insur. Act and Another Act Amdt Act 1979, No. 71 757 PART II-AMENDMENT OF MOTOR VEHICLES INSURANCE ACT 3. Citation. (1) In this Part the Motor Vehicles Insurance Act 1936-1975 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Motor Vehicles Insurance Act 1936-1979. 4. Amendment of s. 2 . Section 2 of the Principal Act is amended by- (a) inserting after the definition "Action " the following definition:- ""Air cushion vehicle "-A vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle; "; (b) in the definition " Motor vehicle ", inserting after the words tt trolley bus," the words " air cushion vehicle,". 5. Amendment of s. 4F. Section 4F of the Principal Act is amended by- a (a) in subsection (1), omitting the opening words " This section " and substituting the words " Save where it is in this section otherwise provided, this section "; (b) in subsection (2), omitting the words " under this Act were it insured hereunder " and substituting the words " were it insured under this Act "; (c) in subsection (3), omitting the words " under this Act were such motor vehicle insured hereunder " and substituting the words " were it insured under this Act "; (d) inserting after subsection (3) the following subsection:- " (3A) In respect of accidental bodily injury (fatal or non-fatal) to any person caused in Queensland by, through or in connection with a motor vehicle in respect whereof there is in force at the material time a contract or policy of insurance under this Act for which injury the owner of such vehicle would be liable, where the identity of the insurer under this Act of such motor vehicle cannot after due inquiry and search be established, any person who could have enforced a claim for damages in respect of such injury against the owner of such motor vehicle may make such claim to The Nominal Defendant (Queensland) and may enforce such claim by action against The Nominal Defendant (Queensland). In any such action the inquiry and search for the purpose of establishing the identity of the insurer may be proved orally or by affidavit of the person who made the inquiry and search. This subsection shall be construed to confer a right to make and enforce a claim against The Nominal Defendant (Queensland) in respect only of accidental bodily injury caused after the commencement of the Motor Vehicles Insurance Act and Another Act Amendment Act 1979."; (e) numbering the existing subsection (3A) as subsection (311) and therein omitting the words " subsections (2) or (3) " and substituting the words " subsection (2), (3) or (3A) ".

758 Motor Vehicles Insur . Act and Another Act Amdt Act 1979, No. 71 6. Amendment of s. 4G. Section 4G of the Principal Act is amended by- (a) in subsection (1), omitting from paragraph (c) the words " subsection (3A) " and substituting the words " subsection (3a) "; (b) adding at the end thereof the following subsection:- " (3) Where a claim is made against The Nominal Defendant (Queensland) in relation to accidental bodily injury (fatal or non-fatal) caused by, through or in connection with a motor vehicle referred to in subsection (3A) of section 4F it shall be deemed for the purposes of recovery of any amount paid in satisfaction of. that claim or any judgment relating to that claim, together with costs and expenses in respect thereof, that The 'Nominal Defendant (Queensland) is the insurer under this Act of such motor vehicle and has all the rights of recovery conferred by law on such insurer.". 7. Construction of s. 4F ( 2) and ( 3) of Principal Act. Subsections (2) and (3) of section 4F of the Principal Act shall be construed and applied as if the words substituted therein by section 5 of this Act had appeared therein at all times from the enactment of those subsections in lieu of the words omitted therefrom by section 5 of this Act. PART III-AMENDMENT OF V.I.P. INSURANCES LIMITED (MOTOR VEHICLES INSURANCE) ACT 8. Citation . (1) In this Part the V.I.P. Insurances Limited (MotorVehicles Insurance) Act1978 is referred to as the Principal Act. (2) The Principal Act as amended by this. Act may be cited as the Y.I.P. Insurances Limited (Motor Vehicles Insurance) Act 1978-1979. 9. Amendment of s. 3 . Section 3 of the Principal Act is amended by adding at the end thereof the words " and to claims for contribution towards payment of such damages or for indemnity in respect of liability for such damages being in every case claims of which notice has been duly given to the Nominal Defendant (Queensland) in accordance with section 9 ". ' 10. Amendment of s. 6 . Section 6 of the Principal Act is amended by, in subsection (1)- (a) omitting the word " owner wherever it occurs, and substituting in each case the words " insured person "; (b) omitting the words " of the vehicle in question ". 11. Amendment of s. 9 . Section 9 of the Principal Act is amended by- (a) omitting subsection (3) and substituting the following subsection:- " (3) If a claimant has failed to give notification of his claim as required by subsection (1), the Nominal Defendant (Queensland) shall not be liable in respect of that claim.

Motor Vehicles Insur. Act and Another Act Amdt Act 1979, No. 71 759 If a claimant has, in any respect other than that referred to in the preceding paragraph, failed to comply with a requirement of this section or of a requisition issued under this section, the Nominal Defendant (Queensland) may, in its discretion, elect to reject that claim, whereupon it shall not be liable in respect of that claim. The provisions of this subsection apply whether the claim in respect of which the failure has occurred was made before or is made after the passing of the Motor Vehicles Insurance Act and Another Act Amendment Act 1979."; (b) in subsection (4), inserting in provision (b) after the words " claimant for " the words " contribution or "; (c) omitting subsection (5). 12. Amendment of s. 10. Section 10 of the Principal Act is amended by, in subsection (2), omitting the word " payee " and substituting the word " payer ". 13. Amendment of s. 13. Section 13 of the Principal Act is amended 'by omitting the expression " $500 000 " and substituting the expression " $1250 000 ".