Motor Vehicles Insurance Acts Amendment Act of 1961 (10 Eliz ll No. 16) (Qld)

607 ()Duecnsfmth ~ A ANNO DECIMO ELIZABETHAE SECUNDAE REGINAE. ·································~······Q········· No. 16.. An Act to Amend "The Motor Vehicles Insurance Acts, 1936 to 1959," in certain particulars. [ASSENTED TO 4TH APRIL, 1961.] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- lativeAssembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as " The Motor Short title. Vehicles Insurance Acts Amendment Act of 1961." (2.) "The Motor Vehicles Insurance Acts, 1936 to Principal 1959," are in this Act referred to as the Principal Act. Act. (3.) The Principal Act and this Act may be (:ollective collectively cited as " The Motor Vehicles Insurance title. Acts, 1936 to 1961." 2. Section two of the Principal Act is amended Amendments by- ofs. 2. (a) Omitting the definition " Insurance Commissioner " and inserting, in its stead, the following definitions :- " "Action" includes any proceeding in a court of Action. law; " ;

608 Motor Vehicles lns-iwance, Etc., Act. 10 ELIZ. IL No. 16, Insurance Commie• sioner. "" Insurance Commissioner "-The Insurance Commissioner under and within the meaning of" The Insurance Act of 1960" ; j' ; (b) Omitting the definition "Heavy Vehicles Acts"; Hire- (c) Omitting the definition " Hire-purchase apgurrecehmaseent. agreement" and inserting, in its stead, the following definition :- " " Hire-purchase agreement "-A hire-purchase agreement within the meaning of " The Hire-purchase Act of 1959," or any hire- purchase agreement within the meaning of the Acts repealed by that Act entered into before its commencement;" ; Minister. (d} Inserting after the definition "Main Roads Regulations" the following definition:- " " Minister "-The Treasurer or other Minister of the Crown for the time being charged with the administration of this Act ; " ; (e) Omitting from the definition "Registration" the words "and/or the Heavy Vehicles Acts"; and (/) Inserting after the definition "Regulations" the following definition :- State Government Insurance Office (Queensland) or Office. " " State Government Insurance Office (Queensland)" or" Office "-The corporation of the State Government Insurance Office (Queensland} under and within the meaning of " The State Government Insurance Office ( Queensland) Act of 1960 " ; ". o A f m s e . n 3 d . ments by- 3. Section three of the Principal Act 1s amended (a) In subsect,ion one- (i.) Omitting the words " Insurance Commissioner ', and inserting, in their stead, the words " State Government Insurance Office (Queensland) " ; {ii.) Inserting after the words "to any person" the words " other than a person to whom possession of the motor vehicle has passed pursuant to a transaction whereby such person has purchased or agreed to purchase the property of the owner therein " ; and

1961. 11fotor Vehicles Insurance, Etc., Act. 609 (b) In subsections 2A, three, four and five omitting the words " Insurance Commissioner ", wherever appearing, and inserting, in their stead, the word " Office ". 4. Section four of the Principal Act is amended by Amendment adding the following paragraph :- of s. 4• " Where any such contract is renewed or further renewed within thirty days subsequent to, and including, the due date of such renewal or further renewal, it shall be deemed that such renewal or further renewal came into force on and from the due date therefor and that such contract was continued in force accordingly, and no such contract shall be cancelled during such period of thirty days unless the registration of the motor vehicle concerned is cancelled or surrendered, or a contract of insurance under this Act in respect of such vehicle 1s made with another insurer by the owner thereof." 5. Section 4A of the Principal Act is amended by-Amendments (a) In subsections one, two and three repealing the ofs. 4 A. words "Insurance Commissioner", wherever appearing, and inserting, in their stead, the word " Office " ; (b) In subsection one- (i.) Inserting after the words "such motor vehicle", where appearing in the first paragraph, the words " is dead or " ; (ii.) Inserting after the words "such owner if he ", where appearing in the first paragraph, the words "were alive or"; (iii.) Inserting after the words " motor vehicle concerned ", where appearing in the proviso, the words " was dead or " ; (c) Adding to subsection three the following paragraph :- " Where any action under this section has resulted from the death of an owner of a motor vehicle, then in this subsection the expression "owner of a motor vehicle " means the estate of such deceased person, except in the proviso where it means his personal representative " ; and (d) By repealing subsection four. 20

610 Motor Vehicles Insurance, Etc., Act. 10 Euz. IL No. 16, News. 4B inserted. Apportion- ment of costs. 6. The Principal Act is amended by inserting after section 4A the following section : - " [4B.] Where a judgment for damages is obtained against the owner of a motor vehicle in respect of accidental bodily injury (fatal or non-fatal) to any person caused by, through or in connection with such motor vehicle as well as in respect of some other loss or damage the court shall (for the purpose of fixing the liability of the Office or licensed insurer) as part of such judgment adjudge what portion of the amount of the judgment is in respect of such bodily injury, and shall direct what portion of and in what manner any costs awarded as part of such judgment sh11,ll be apportioned to the portion of the amount awarded in respect of such bodily injury." News. 4c 7. The Principal Act is amended by inserting, after inserted. section 4B, as previously inserted by this Act, the following section :- Medical examination " [4c.] In any action to enforce a claim in respect of injured of non-fatal injury to a person caused in Queensland by, person. through or in connection with a motor vehicle, the court may, upon the application of any party and upon such terms as the court deems just, order the injured person to submit himself to a personal medical examination by the duly qualified medical practitioner or practitioners named in the order. The court may discharge or vary any such order. The court may adjourn the action as it deems necessary or expedient to enable compliance with the order. If, in the opinion of the court, the injured person has persistently and wilfully refused to comply with the order without reasonable excuse, the court may enter judgment against the plaintiff in the action upon such terms as it deems fit." New ss. 4D, 8. The Principal Act is amended by inserting after i 4 n E s , e 4 rt F e , d 4 . G section 4c, as previously inserted by this Act, the following sections :- The " [4D.] (1.) There shall be a body corporate under coofrTphoeration the name and style of "The Nominal Defendant Nominal (Queensland)" which, by that name and style shall Defendant. have perpetual succession and an official seal and, subject to and for the purposes of this Act, shall be

1961. Motor Vehicles Insurance, Etc., Act. capable in law of suing and being sued and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. (2.) All courts, judges, justices and persons acting judicially shall take judicial notice of the seal of such corporation affixed to any document or notice and shall presume that it was duly affixed. (3.) Such corporation shall be constituted by- (a) The Insurance Commissioner, who shall be chairman; (b) A representa,tive of insurers licensed under " The Insurance Act of 1960," elected as prescribed ; (c) A representative of the Fire and Accident Underwriters Association of Queensland, nominated by such Association ; (d) A representative of the Non-Tariff Insurance Association, nominated by such Association; and (e) A representative of the Royal Automobile Club of Queensland, nominated by such Club, each of whom shall be appointed by the Minister by notification published in the Gazette, and shall hold office for the term for which he is appointed unless he sooner dies, resigns or becomes incapable of performing the duties of his office. (4.) Such corporation shall be deemed to be constituted upon the first appointment of the members thereof. For the purpose of constituting such corporation the Minister may appoint a person to act temporarily as the representative mentioned in paragraph (b) of subsection three of this section until the election as prescribed and first appointment of such representative. (5.) If a person to be appointed the representative mentioned in paragraph (c) or in paragraph (d) of subsection three of this section is not nominated as prescribed when and so often as requested by the Minister, he may nevertheless appoint such person as he deems fit to be such representative. 611

612 Motor Vehicles Insurance, Etc., Act. 10 Euz. II. No. 16, (6.) Such corporation shall meet at such times and places as its members may decide or, failing such a decision, as may be fixed by the chairman. (7.) The chairman or any member of such corporation may, in "'"Titing under his hand, appoint a person to act as his deputy at any meeting of the corporation wherefrom he is absent for any reason whatsoever. Such a deputy, whilst acting as such pursuant to appointment as aforesaid, shall have and may exercise all the functions, powers and authorities of the chairman or, as the case may be, member other than the chairman whose deputy he is. (8.) A secretary to such corporation and such other officers thereof as are deemed necessary may be appointed. Such appointments shall be made and the appointees shall hold their offices respectively under, subject to and in accordance with " The Public Service Acts, 1922 to 1960": Provided that any such appointee may be appointed to hold, and may hold office in conjunction with any other office held by him under such Acts. Motor Vehicle Insurance Nominal Defendant Fund. (9.) The power to make regulations under this Act shall include power to make all such regulations, not inconsistent with this Act, as may be necessary or convenient to provide for, regulate and control the election of the elective representative on such corporation, business and procedure, including voting, at its meetings, and generally with respect to its functions and powers under this Act. [4E.] (1.) A Fund to be called" The Motor Vehicle Insurance Nominal Defendant Fund" shall be established in the Treasury. (2.) There shall be paid into such Fund- (a) All moneys collected under subsection five of this section ; (b) All moneys recovered by The Nominal Defendant (Queensland) under section 4G of this Act; (c) All moneys advanced to such Fund by the Treasurer by way of loan.

1961. Motor Vehicles Insurance, Etc., Act. (3.) There shall be paid out of such Fund- (a) All moneys, including costs, payable by The Nominal Defendant (Queensland) in respect of judgments obtained against it under this Act or payable by it under this Act in respect of claims or actions made or brought against it under this Act and settled by it ; (b) The costs and expenses incurred in respect of the administration of the provisions of this Act relating to The Nominal Defendant (Queensland), and its functions, including in respect, of costs and expenses incurred by it ih bringing or defending any action by or against it under this Act, and the allowances and expenses of its members and salaries and expenses of its officers ; (c) All sums payable in repayment of, and payment of interest upon, loans advanced to the Fund by the Treasurer. (4.) The Minister may from time to time authorise payment to the chairman or to the other members of The Nominal Defendant (Queensland) of such allowances or expenses, or both, as he deems fit. (5.) The Commissioner of Main Roads shall collect in respect of every registration or renewal of registration of a motor vehicle (other than a wheel chair) in respect of any period commencing on or after the first day of June, one thousand nine hundred and sixty-one, the prescribed annual amount or, until such annual amount is first prescribed, an annual amount of seven shillings and six pence. The said Commissioner shall not issue a certificate of registration or renewal of registration of a motor vehicle unless and until payment has been made to him in respect thereof of such annual amount. Provision may be made on the form of any and every such certificate for the inclusion of an endorsement respecting the payment of such annual amount. The said Commissioner shall pay into the Fund established under this section all moneys collected by him under this subsection. 613

614 Motor Vehicles Insurance, Etc., Act. 10 ELIZ. IL No. 16, The Governor in Council may from time to time, by Order in Council published in the Gazette, prescribe the annual amount to be collected under this section in respect of every registration or renewal of registration of a motor vehicle. (6.) Subject to appropriation by Parliament, the Treasurer may from time to time advance moHeys to such Fund by way of loan upon such terms, including with respect to the repayment of principal and the payment of interest, as he shall fix. ruCenlsaipnimescustrieondf injur [ y 4F. ( ] fa(t1a.l) Torhisnosne-cftaiotanl)aptpolieasnyto paecrcsiodnenctaalusbeoddiilyn uv a ne n hi d dicelnetsi.fied vQeuheicelnesloanndobr ya, fttehrrotuhgehfiorsrt indacyononfeMctiaoyn, wonieththaomusoatnodr nine hundred and sixty-one. For the purposes of this section- (a) In relation to a motor vehicle the term " Owner " includes, but without limit to the meaning assigned to it by section two of this Act, any person in whom the property in the motor vehicle is vested other than an unpaid vendor under a hire-purchase agreement; and (b) The term "uninsured motor vehicle" means a motor vehicle in respect whereof there is not in force at the material time a contract or policy of insurance under this Act, but the term does not include any motor vehicle at any time when the owner thereof is exempted from the requirement to insure it under this Act by section 8A hereof. (2.) Every claim for damages in respect of accidental bodily injury (fatal or non-fatal) to any person caused in Queensland by, through or in connection with an uninsured motor vehicle for which the owner of such uninsured vehicle would be legally liable under this Act were it insured hereunder at the material time, may be made to The Nominal Defendant (Queensland) and any action to enforce any such claim may be brought against The Nominal Defendant (Queensland). Any such claim may be so made and any such action may be so brought notwithstanding that the owner of the uninsured motor vehicle is dead.

1961. JI,[ otor V chicles Insurance, Etc., Act. (3.) 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 for which the owner of such vehicle would be legally liable under this Act were such motor vehicle insured hereunder at the material time, where the identity 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 the 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 motor vehicle may be proved orally or by affidavit of the person who made the inquiry or search. (4.) (a) The Nominal Defendant (Queensland) shall not be liable in respect of any claim made to it under this section unless, within three months from and including the date on which the injury in respect of which the claim is made was caused or such extension of such period, as may be granted under this subsection, the claimant shall have made the claim or shall have given to The Nominal Defendant (Queensland) notice of intention to make it. (b) Upon being satisfied that failure to make or to give notice of any such claim has been caused by the death of any person or by any other cause deemed by the court to be a reasonable excuse, any court in which an action referred to in this section may be brought may extend the aforesaid period of three months, but not in any case beyond the period of limitation which, except for this section, would apply for bringing an action in respect of such claim. (c) A notice of intention to make a claim referred to in this section shall, for the purposes of this subsection be deemed to be given by the person making the claim if it is given by his solicitor or agent or, if the person who suffered the bodily injury in respect of which the claim is made is dead, by a person who is the personal representative of such deceased person or beneficially interested in the action, or by the solicitor or agent of such personal representative or person. 615

616 Motor Vehicles Insurance, Etc., Act. 10 ELIZ. II. No. 16, (5.) In the case of a claim referred to in this section in respect of non-fatal injury, The Nominal Defendant (Queensland) may require a personal medical examination of the person who suffered such injury by a duly qualified medical practitioner named by it. If such person fails to appear for a personal medical examination by the duly qualified medical practitioner so named on a day and at a time and place whereof he has received not less than seven days' prior notice in writing from The Nominal Defendant (Queensland) or, so appearing, refuses to be medically examined by such duly qualified medical practitioner, or in any way obstructs such examination, the claim in question, and any action brought to enforce such claim, shall be suspended, and unless he undergoes such examination within three months after the day so notified to him or The Nominal Defendant (Queensland) sooner exempts him from such examination he shall be deemed to have abandoned his right to claim against The Nominal Defendant (Queensland) under this section and to have discontinued any action brought by him to enforce it, and he shall not bring any fresh action to enforce such right. (6.) (a) Where a claim is made to The Nominal Defendant (Queensland) under this section the Commissioner of Police shall, at the request of The Nominal Defendant (Queensland) furnish to it, or allow it to make and take a copy of, every report made by a member of the Police Force in relation to the incident which caused the injury in respect of which the claim is made. (b) No member of the Police Force shall incur any civil or criminal liability as for defamation by the publication of any defamatory matter in a copy of a report furnished to or taken by The Nominal Defendant (Queensland) pursuant to this subsection, or in such report. Nothing in this subsection shall be taken as authorising, justifying or excusing in respect of any such report any contravention of or failure in any respect to comply with the provisions of "The Police Acts, 1937 to 1960," and any action, investigation or other

1961. Motor Vehicles Insurance, Etc., Act. 617 proceeding whatsoever under such Acts may be had and taken by or against any member of the Police Force in respect of any such contravention or failure in all respects as if this subsection had not been enacted. (7.) The Nominal Defendant (Queensland) may settle any claim made to it under this section or any action brought against it to enforce any such claim. [4o.] (1.) Any amount properly paid by The Recovery Nominal Defendant (Queensland) in satisfaction of a ~ro~~=er claim made or judgment recovered against it and the amount of any costs and expenses properly incurred by it in relation to any such claim or to the action in which the judgment was obtained may be recovered by The Nominal Defendant (Queensland) as a debt-- (a) If the motor vehicle in respect of which the claim was made or the judgment was recovered was insured under this Act when the accidental bodily injury (fatal or non-fatal) in respect of which the claim was made or the judgment was recovered was caused, from the insurer under this Act; or (b) If the claim was made or the judgment was recovered in respect of an uninsured motor vehicle, from the person who, at the time of the occurrence out of which such claim arose or in respect of which such judgment was recovered, was the owner of the motor vehicle or, where at the time of such occurrence some other person was driving the motor vehicle, from the owner and the driver jointly or from either ofthem severally : Provided that- (a) It shall be a sufficient defence in any action brought under this subsection against the owner (whether severally or jointly with the driver) if he establishes to the satisfaction of the court that, at the time of the occurrence, some other person was driving the motor vehicle without his authority ; (b) It shall be a sufficient defence in any action brought under this subsection against the driver (whether severally or jointly with the

618 Motor Vehicles Insurance, Etc., Act. 10 ELIZ. II. No. 16, owner) if he establishes to the satisfaction of the court that, at the time of the occurrence, he was driving the motor vehicle with the authority of the owner or had reasonable grounds for believing and did in fact believe that he had such authority, and that he had reasonable grounds for believing and did in fact believe that the motor vehicle was insured under this Act. In the case of an unidentified motor vehicle an action may be brought by The Nominal Defendant (Queensland) under this subsection within three years from the date on which it first had knowledge of the identity of such vehicle. (2.) In an action against The Nominal Defendant (Queensland) to enforce a claim in respect of an unidentified motor vehicle, the court may, at any stage of the proceedings, upon the application of either party, and upon being satisfied that such motor vehicle is insured under this Act, order that the name of the owner of such motor vehicle be added or substituted a,s defendant, and the provisions of the rules of the court relating to striking out and adding parties shall, with and subject to any necessary modifications, apply accordingly." Section 4B 9. Section 4B of the Principal Act is renumbered renumbered. section 4H. Amendments 10. Section nine of the Principal Act is amended ofs. 9. by omitting the words " Insurance Commissioner ", wherever appearing, and inserting in their stead the word " Office ". Amendments 11. Section twelve of the Principal Act is amended ofs. 12. by- (a) Inserting after the words "Supreme Court of Queensland " the words " or a District Court " ; and (b) By adding the following paragraph:- " Every action which is brought in the Supreme Court of Queensland or a District Court- (a) Against The Nominal Defendant (Queensland) to enforce any claim made to it under section 4F of this Act ; or

1961. Motor Vehicles Insurance, Etc., Act. (b) By The Nominal Defendant (Queensland) to recover from an insurer or the owner or driver of a motor vehicle any sum recoverable by The Nominal Defendant (Queensland) under section 4G of this Act ; or (c) By an insurer to recover from the owner of a motor vehicle which is insured under this Act any sum recoverable under or pursuant to the contract or policy of insurance, shall be heard and determined by a judge without a jury." 619 By Authority: S. G. Rl!ID, Government Printer, Brisbane-1961