Motor Vehicles Insurance Acts Amendment Act of 1963 (Qld)

177 fl iteexts(Uttit 1 ANNO DUODECIMO ELIZABETHAE SECUNDAE REGINAE No. 30 of 1963 An Act to Amend "The Motor Vehicles Insurance Acts,. 1936 to 1962," in certain particulars [ASSENTED TO 13TH DECEMBER, 1963] 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. (1) Short title. This Act may be cited as The Motor Vehicles- Insurance Acts Amendment Act of 1963." (2) Principal Act. " The Motor Vehicles Insurance Acts, 1936 to 1962," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Motor. Vehicles Insurance Acts, 1936 to 1963." 2. Amendment of s. 4 . Section four of'the Principal Act is amended' by omitting the second paragraph and inserting in its stead the following paragraphs:- " Where any such contract is renewed. or further renewed within thirty days subsequent to, and including, the dire 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.

178 Motor Vehicles Insurance Acts Amendment Act of 1963, No. 30 An insurer (whether the Office or a licensed insurer) shall not refuse to renew or further renew any such contract within thirty days subsequent to, and including, the due date of such renewal unless, not later than thirty days or, if a longer period is prescribed, such longer period before such due date such insurer shall have given to the Commissioner of Main Roads notice in writing that the insurer will not renew such contract." 3. Amendments of s. 4F. Section 4F of the Principal Act is amended by- (a) inserting after subsection (3) the following subsection:- "(3A.) Where, in respect of any claim which may be made to and enforced against The Nominal Defendant (Queensland) under subsections (2.) or (3.) of this section, the damage the subject of the claim was suffered by the claimant as a result partly of the fault of a person or persons other than the owner or person in charge of the motor vehicle in relation whereto such claim may be so made and enforced then, for the purpose of the recovery of contribution by or from The Nominal Defendant (Queensland), Part II of " The Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act of 1952 " applies as if The Nominal Defendant (Queensland) were the owner of the motor vehicle in relation whereto such claim may be so made. For the purposes of this subsection damage suffered by a claimant as a result partly of the fault of a person, other than the owner, who at the time in question was in charge of a motor vehicle, shall be deemed to have been suffered as the result partly of the fault of such owner."; and . (b) omitting paragraph (b) of subsection (4) and inserting in its stead the following paragraph:- " (b) Upon being satisfied that failure to make or to give notice of any such claim in compliance with paragraph (a) of this subsection has been caused by the death of any person or by any other cause which The Nominal Defendant (Queensland) or, as the case may be, the court is satisfied was not occasioned by any act or omission of the claimant or any person acting on his behalf- (i.) The Nominal Defendant (Queensland) may extend the aforesaid period of three months but not in any case beyond the period of six months from and including the date on which the injury in respect of which the claim is made was caused; or (ii.) Upon application made not later than three months after the claimant made or gave notice of the claim, any court in which an action referred to in this section may be brought may extend the aforesaid period of three months (or any extension thereof granted by The Nominal Defendant (Queensland)) but not in any case beyond the period of limitation which, except for this section, would apply for bringing an action in respect of the claim in question." 4. Amendments of s. 4G (1). Subsection (1) of section 4G of the Principal Act is amended by- (a) adding to the first paragraph thereof, before the proviso to that paragraph, the following subparagraph:- 66 or (c) If, pursuant to subsection (3A.) of section 4F of this Act contribution in respect of the claim or judgment is recoverable by The Nominal Defendant (Queensland) from any person, from that person to the extent of his liability for such contribution; "; and

Motor Vehicles Insurance Acts Amendment Act of 1963, No. 30 179 (b) adding thereto the following paragraph:- " Where The Nominal Defendant (Queensland) has made any payment in satisfaction of any claim made to it, or has incurred any costs and expenses in relation to any claim made to it then, in any action under this subsection by The Nominal Defendant (Queensland) for the recovery of the amount paid by it in satisfaction of the claim, or the amount of the costs and expenses incurred by it in relation to the claim, or both such amounts , or for the recovery of contribution in respect of such payment or costs and expenses , The Nominal Defendant (Queensland) shall be presumed, until the contrary is proved, to have properly paid the amcunt alleged by it to have been paid in satisfaction of the claim and to have properly incurred in relation to the claim the amount of costs and expenses alleged by it."