Motor Vehicles Insurance Act of 1936 (1 Edw Viii No. 31) (Qld)

1 EDW. VIII. No. 31,1936. TRAFFIC. -_ - - - - - .. _ .. _. _ _ . Motor Vehiclesln8urance Act. . 16351 SUGAR WORKERS' SELECTIONS AMENDMENT. See LANDS (1). SUGAR WORKS ACT, DEED OF GRANT. See LANDS (1). SUPERANNUATION, POLICE. See POLICE. SUPPRESSION OF GAMBLING. See GAMING. SURGEONS, VETERINARY. See VETERINARY SURGEONS. THIRD PARTY RISKS. See TRAFFIC. TIMBER INDUSTRY STABILISATION. See LANDS (2). TOWN PLANNING. See LOCAL GOVERNMENT. TRAFFIC. An Act to Require the Owners of Motor Vehicles to 1 ED N W o. . 3 V 1. III. Insure against their Liability to Pay THE MOTOR •• VEHICLES Compensation on Account of InJurIes to A I C N T SU O R F A 1 N 9 C 3 E 6. Persons caused by, through, or in connection with such Motor Vehicles, and for other purposes. [ASSENTED TO 11TH DECEMBER, 1936.J 1_ .) E it enacted by the King's Most Excellent Majesty, ) by and with the advice and consent of the Legis· lative Assembly of Queensland in Parliament assembled, and by the authority of tl1(' same, as follows:- 1. *This Act may be cited as "The J.11.0tor Vehicles Short title Insurance Act of 1936," and shall come into force on and a date to b e proc1al·med by the Governor I . II C ounCl' 1 by mcoemnmt oefncAe·ct. Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. * Act proclaimed in force as from 1st Mal'eh, 1937 (Gazette, 6th February, 1937, page 283).

]6352 'fRAFFIC. MOtOl' Vehicles Insumnce Act. 1 EDW. VIII. No. 31, Defini ti ons. 2. In this Act, unless the context otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say :- Insurance Corn· missioner. " Insurance Commissioner"-The Insurance Commissioner as define(l under *" The In8urance Act of HH6 " ; Licensed insurer. "Licensed insurer "-A person who is licensed by the Treasurer under and in pursuance of t"The In8urance Act8, 1916 to 1934," to carry on general insurance business in Queensland; Heavy Vehicles Acts. " Heavy Vehicles Acts "-t"The Heavy Vehicle8Act8, 1925to1931 " (or any Act amending or in substitution for such Acts) ; Hire- purchase agreement. "Hire-purchase agreement "-A hire-purchase agreement within the meaning of §"The Hire· purcha8e Agreement Act8, 1933 to 1934" ; Main Roads Acts. "Main Roads Acts "-II"The Main Road8 Acts, 1920 to 1934" (or any Act amending or in substitution for such Acts) ; Main Roads Regulations. "Main Roads Regulations "-The regulations made under and in' pursuance of the Main Roads Acts and for the time being in force, and whether so made before, on, or after the commencement of this Act; Motor vehicle. " Motor vehicle"-Any vehicle propelled by gas, motor spirit, oil, electricity, steam, or any other motive power: the term includes a trailer, motor bicycle, and motor cycle, but does not include a railway or tramway locomotive, tram motor, tram car, fire engine, fire reel, traction engine, or any machinery especially designed for road- making; Owner. "Owner"-The person registered in the records of the Commissioner of Main Roads under the Main Roads Acts as the owner of the motor vehicle, unless such person shall have * 7 Geo. v. No. 27, supra, page 7497. t 7 Geo. V. No. 27 and amending Act~ , supra, pageR 7497 et seq. t 16 Geo. V. No. 22 and amending Acts, 8upra, pages 11499 et seq. § 24 Geo. V. No. 9 as amended by 25 Geo. V. No. 33, supra, pages 14602 and 15053. i! 10 Geo. V. No. 26 and amending Acts, supra, pages 9265 et seq.

1936. TRAF'FIC. M ofor Vehicles I nstlrance Act. 16353 I~ given to the Commissioner a notice in writing in accordance with the Main Roads Regulations advising the transfer of the motor vehicle or authorising the cancellation of the certificate of registration or renewal of registration appearing in his name in respect thereof: the term includes any person who is the owner, joint owner, or any person who has the vehicle under a hiring or hire- purchase agreement: also any person who has given notice of purchase in accordance with the above regulations: the term also includes a dealer to whom a certificate of assignment of an identification number has been issued under the Main Roads Regulations in respect of any motor vehicle bearing his assigned identification number; " P erson " . Inc I u d es any company, corpora t' IOn, Person. partnership, or firm, or body of persons corporate or unincorporate, and any individual person; " Prescribed"-Prescribed by this Act; Prescribed. " Registrar of Motor Vehicles " or " Registrar "- Registrar The. Commissiol1-er of Main Roads or the ~ e~ ~ l~ ~ r or RegIstrar of Vehicles as defined in the Registrar. State Transport Act: the term used in reference to a certificate of assignment of an identification number means the Commis- sioner of Main Roads; " Registration "-The term when used with Registration. reference to a motor vehicle means and includes registration or renewal of registration under the Main Roads Acts and/or the Reavy Vehicles Acts: the term also includes a certificate of assignment of an identi fication number issued to a dealer under the Main Roads Acts for the period of one calendar year from and after the issue of such certificate, and the renewal of registration includes payment of the annual fee payable in respect of such certificate for a subsequent calendar year; "Regulations"-Regulations made under the Regulations. authority of this Act;

16354 TRAF:B'IC. Motor Vehicles Insurance Act. 1 EDW. VIII. No. 3], State Transport Act. This Act. Trailer. "State Transport Act" *"The State Transport Act oj 1932" (or any Act amending or in substitution for such Act) ; "This Act"-This Act and all Proclamations and regulations made thereunder; " Trailer"-Anv vehicle without motive power capable of being drawn by another motor vehicle attached to same. Insurance by 3. (1.) Subject to this Act, the owner of any motor ~ : ~ ~ ~ SC~ ~ 8' vehicle shall at all times during the registration, or as the case may be, any renewal of the registration of such motor vehicle indemnify himself and keep himself indemnified bv a contract of insurance with the Insurance Commissionei or with some licensed insurer against nIl sums for which he shall become legally liable by way of damages in respect of such motor vehicle for accidental bodily injury (fatal or non-fatal) to any person other than a person- (a) Living with the owner as a member of his family; or (b) In the service of the owner; (c) Being conveyed in, or entering or alighting from, such motor vehicle, where such injury is caused by, through, or in connection with such motor vehicle. (2.) For the purposes of any such contract and of every claim for accidental bodily injury (fatal or non- fatal) to any person caused by, through, or in connection with a motor vehicle insured thereunder, every person, other than the owner, who at any time is in charge 01 such motor vehicle, whether or not with the owner'H authority, shall be deemed to be the authorised agent of' the owner, and to be acting in relation therE'to within the scope of his authority as such agent. Min.imum amount of insurance. (3.) Notwithstanding anything to the. contrary contained in subsection one of this section, every contract of insurance entered into with the Insurance Commis- sioner or with some licensed insurer under and in pursuance of this Act shall comply and be deemed to comply in full with the requirements of this Act as to * 23 Oeo. V. No. 24, supra, page 14406.

TRAFFIC. 16355 ]936. Motor Vehicles Insnmnce Act. the sums against liability for which the insured is to indemnify himself if the total liability of the Insurance Commissioner or, as the case may be, the licensed insurer thereunder is not less than the sum of seven hundred and fifty pounds in respect of injury (fatal or non-fatal) to anyone person whatsoever and howsoever arising out of anyone accident or series of accidents arising out of anyone event. (4.) No contract of insurance made with the Contract of Insurance Commissioner or with a licensed insurer under insurance and in pursuance of this Act shall be revoked during the ~ eo; o~ a~ ~ . period of the registration or, as the case may be, renewal of registration of any motor vehicle insured thereunder unless such registration or, as the case may be, renewal of registration is sooner cancelled or surrendered: Provided that nothing in this Act shall compel or be deemed to compel the Insurance Commissioner or any licensed insurer to make any contract of insurance under and in pursuance of this Act with any person. (5.) On the registration or, as the· case may be, Duty of et hacehaprepn1l· eCwaanlt f oofr trheeg . Isrtera , gtiIsOtrnatoior,n aosf t hae mcaosteormvaeyhibclee, r o e w g ~ I e st r ra O t l I ~ On. renewal of registration shall produce to the registrar a certificate issued on behalf of the Insurance Commis- sioner or some licensed insurer that a policy of insurance in accordance with this Act is in force for the period for which registration or, as the case may be, renewal of registration is applied for. The registrar shall not register or, as the case may be, renew the registration of any motor vehicle unless such certificate is produced to him. 4. Every contract of insurance entered into for the Special purposes of this Act in respect of any motor vehicle provisions in shall inure in favour of the owner for the time being, ~ ~ S~ ~ ~ ~ ge of notwithstanding any change in the ownership of such ownership. motor vehicle. 5. Any person who contravenes, or neglects, or Offences. fails to comply with any of the provisions of this Act shall be liable to a penalty not exceeding one hundred pounds. . An penalties incurred under this Act may be recovered in a summary way by complaint under *" The Justices Acts, 1886 to 1932." - ------------------,,----" - -_.- - - - - " - ------ .. - .~ * 50 Vie. No. 17 and amending Acts, supra, pages 113:! et scq.

16356 TRAFFIC. Motor Vehicles Insurance Act. 1 EDW. VIII. No. 31, Proceedings for an offence against this Act may be instituted within twelve months after the offence is committed or within six months 'after the commission of the offence comes to the knowledge of the complainant, whichever is the later period. clSaoawmv. imngonof of an 6. owNnoetrhiantg cionmthmisonAclatws, haolrl aaffffeecctt atnhye criivgihltlioafbialintyy person to sue for and recover damages at common law. Saving of " The Criminal Code." 7. Nothing in this Act shall prejudice or limit or in any wise affect the provisions of *" The Oriminal Oode." Savi~g of 8. Nothing in this Act shall prejudice or affect the certam Acts. prOV.IS.Ions 0 f t he H eavy V eh l ' C 1es Act s, the Stat e Transport Act, and/or t"The Traffic Acts, 1905 to 1933," and/or the Main Roads Acts (or any Acts amending or in substitution for those Acts or any of them, or any regulations or Orders in Council thereunder.) Regulatioll8. 9. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing adequate, necessary, or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Without limiting the generality of the foregoing provision, such regulations may be made for all or any of the following purposes ;- Collection of insurance premiums. (a) The col1ection of insurance premiums for or in respect of the insurance of the motor vehicle, on behalf of t,}lC Insurance Commis- sioner or a licensed insurer by the Secretary or other officer of the Commissioner of Main Hoads or other officer under any other law in force, at the time of registration of the said motor vehicle. * 63 Vic. No. 9, Seh. 1., supra, page 344. t 5 Edw. VII. No. 18 and amending Acts, supra, pages 34S7 et sc'1. Sec Alphabetical Table.

TRAFFIC. 16357 1936. Motor Vehicles Insurance Act. (b) Thc dutied and responsibilities of owners in Duty of respcct of giving the Insurance Commis- own~ to sioner or a licensed insurer notice -of all ~ ~ ~ fdents. a"ccidents affecting the motor vehicle, with such particulars thereof as may be prescribed. (c) The making and settlement of claims; the Application application and distribution or payment into ~~ ~ ribution court of insurance moneys payable under of ~ondeys the po1I·Cy concerned; proV'ISl.On t hat ' III case ruencedievre' of death or bankruptcy of the owner such policies. .owner's liability to be a charge on such Insurance moneys. (d) The form of contracts and/or policies of Form of insurance, including the terms, provisions, policy of conditI'ons and st·IpU1at'Ions, cond 1 'tl' Ons 0 f ICnosmurmainsc-e liability or indemnity, or otherwise, issued by sioner. the Insurance Commissioner or a licensed insurer. ( e) The form qf contracts and/or policies of Forms of insurance,· including the terms, provisions, ?ont,racts of conditions and stipulations, conditions of Insurers. liability or indemnity, or otherwise, which may be issued by the Insurance Commissioner or a licensed insurer under *"The Insurance Acts, 1916 to 1934," in respect of any insurance over and above the minimum amount of insurance prescribed by this Act. The rates of premium in respect of policies Rates of issued by the Insurance Commissioner or a premium. licensed insurer, which rates may vary on such bases as may be prescribed. (g) The furnishing by prescribed persons of Ret,urns. prescribed returns. (h) All such observances as are not specifically Generally. provided for in this Act, and which the Governor in Council considers it desirable that provision should be made in respect thereof. (2.) Regulations may be made on the passing of Regulations this Act. may be made on the _ _ _ _ _ _ _ _ _ _ _ passing of '" 7 Geo. V. No. 27 and amending Acts, supra, pages 7497 et seq. See this Act_ Alphabetical Table.

16358 TRAFFIC. "Motor Vehicles Ins1trance Act. 1 EDW. VIII. No. 31, May fix (3.) The regulations may fix a penalty not exceeding penalty. in any case twenty pounds for any breach thereof. ' Regulations 10. All regulations made or purporting to have ~ 1 !~ ~ ~lc~ ~ t been nnde under this Act shall be published in the Gazette, and thereupon shall be of the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. The production of a copy of the Gazette purporting to contain any such regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such regulation. All regulations shall be laid before t,he Legislative Assembly within fourteen days after such publication, if Parliament is in session; and if not, then' within fourteen days after the commencement of the next session. If Parliament passes a resolution' dis:l,llowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity· of anything done in the meantime. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. Savings. 11. Nothing in this Act shall apply or extend to any motor vehicle owned by a person not domiciled in Queensland which- (a) Having entered into Queensland fronl any other State or country does not remain in Queensland for a longer period than one calendar month, or (b) Having entered Queensland by road from any other State is not driven to any place which is more than fifty miles from the border of the State of Queensland.

TRAFFIC. 16359 1936. Motor Vehicles Insurance Act. or no 1 n 2 · . £ aEt avI) erty 0 calaniym pfoerrsaocncicdaeunsteadl bboyd, iltyhrionjuugrhy, ( ofrat I . a I l I Adacmtaio<nY e scs f . 01 connection with a motor vehicle insured under this Act which is brought before' the Supreme Court of Queensland shall be heard and determined by a judge without a jury. 13. This Act shall be read and construed subject Can- to The Commonwealth of Australia Constitution Act, struction and so as not to exceed the legislative power of the State, to the intent that where any enactment thereof would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power. TROTTING. See GAMING. UNEMPLOYED WORKERS INSURANCE AMENDMENT. See LABOUR ( : ~ ) . VAGRANTS. See GAMING. VEGETABLE PEST DESTRUCTION. See DINGOES AND MARSUPIALS. VENEER AND PLYWOOD MILLS. See LAKDS (2). y