Motor Vehicles Insurance Acts Amendment Act of 1967 (Qld)

45 C 1T£Px l artt4 ANNO SEXTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 13 of 1967 An Act to Amend "The Motor Vehicles Insurance Acts, 1936 to 1963," in certain particulars [ ASSENTED TO 5TH APRIL, 1967] 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 1967." (2) Principal Act. " The Motor Vehicles Insurance Acts, 1936 to 1963," are in this Act called the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Motor Vehicles Insurance Acts, 1936 to 1967." 2. Commencement of Act. The provisions of section five of this Act shall be deemed to have come into operation on the twenty-first day of December one thousand nine hundred and sixty-two and shall have retrospective effect accordingly. 3. Amendment to s. 3 . Section three of the Principal Act is amended by omitting subsection (5) and inserting in its stead the following subsection:- " (5) The registrar shall not register or renew the registration of any motor vehicle unless he is satisfied that a contract of insurance in accordance with this Act is in force in respect of that motor vehicle and in respect of the period for which application for registration or,

1.6 Motor Vehicles Insurance Acts Amendment Act of 1967, No. 13 as the case may he, renewal of registration is made or, where such contract is not renewed or further renewed within thirty days subsequent to and including the due date of renewal or further renewal of such contract, in respect of the balance of such period." 4. Repeal of and new s. 6. Section six of the Principal Act is repealed and the following section is inserted in its stead:- " [6.] (1) Contracting out of liability prohibited . A contract whereby a person contracts in advance out of any right to claim damages or any other remedy in respect of bodily injury (fatal or non-fatal) caused by, through or in connection with a motor vehicle shall to that extent be void. (2) Saving of common law liability. Save as is prescribed by subsection (1) of this section, nothing in this Act shall affect any civil liability of an owner at common law, or affect the right of any person to sue for and recover damages at common law." 5. Amendment to s. 14 . Section fourteen of the Principal Act is amended by, in subsection (9), adding the following paragraph:- " For the purposes of section three hundred and thirty-nine of " The Companies Acts, 1931 to 1960," the liability of Standard Insurance Company Limited to The Nominal Defendant (Queensland) provided for by the first paragraph of this subsection (reduced as aforesaid, should the case require it) shall be a debt of Standard Insurance Company Limited due and payable and unpaid to The Nominal Defendant (Queensland) contracted within Queensland within the meaning of that section and shall have the priority afforded by that section accordingly."