Motor Vehicles Insurance Acts Amendment Act of 1968 (Qld)

13 ANNO SEPTIMO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 4 of 1968 An Act to Amend " The Motor Vehicles Insurance Acts, 1936 to 1967 ," in certain particulars ASSENTED TO 4TH APRIL, 1968] 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 1968." (2) Principal Act. " The Motor, Vehicles Insurance Acts, 1936 to 1967," 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 1968."

14 Motor Vehicles Insurance Acts Amendment Act of 1968, No. 4 2. Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 3. Amendment to s. 2 . Section two of the Principal Act is amended by inserting after the definition " hire-purchase agreement " the following definition:- Insured person "-A person who under a contract of insurance in accordance with this Act is indemnified against all sums. for which he or his estate shall become legally liable by way of damages for accidental bodily injury (fatal or non-fatal) to any person in any State or Territory of the Commonwealth of Australia caused by, through, or in connection with the motor vehicle in respect of which such contract is in force;". 4. Amendment to s. 3 . Section three of the Principal Act is amended by- (a) in subsection (I),- (i) inserting after the words " indemnify himself " the words " and all other persons" ; (ii) inserting after the words " and keep himself " the words " and all other persons "; (iii) inserting after the words " or his estate " the words " or any such other person or his estate "; (iv) inserting after the words " any person " the brackets and words " (including, in respect of such injury caused by any such other person, the owner himself) "; (v) omitting the words from and including " other than a person " to and including the words " owner therein "; (vi) adding the following paragraph:- " Liability by way of damages referred to in the first paragraph of this subsection includes the liability (either joint or several) of an insured person- (a) to pay or to contribute to the payment of such damages; (b) to make contribution to any other tortfeasor under the provisions of "The Law Reform (Tortfeasors Contribution,ContributoryNegligence, and Division of Chattels) Act of 1952 "; (c) to pay damages for breach of his contract of employment evidenced by his causing such injury."; (b) in subsection (2), inserting after the words " such contract the words " of insurance "; (c) in subsection (2A), (i) omitting the words " the owner of a motor vehicle " and inserting in their stead the words " an insured person "; (ii) omitting the words " such motor vehicle " and inserting in their stead the words " a motor vehicle in respect of which he is an insured person "; (iii) omitting the words "such owner" and inserting in their stead the words " such insured person "; (d) in subsection (3), omitting the words " the insured is to indemnify himself " and inserting in their stead the words " each insured person is to be indemnified ".

Motor Vehicles Insurance Acts Amendment Act of 1968, No. 4 1 5 5. Amendment to s. 4 . Section four of the Principal Act is amended by inserting after the words " and his estate," the words " and every other insured person thereunder and his estate,". 6. Amendments to s. 4A. Section 4A of the Principal Act is amended by- (a) in subsection (1),- (i) omitting the words "the owner of such motor vehicle" and inserting in their stead the words "the insured person against whom it is sought to establish liability "; (ii) omitting the words " such owner ", where they twice occur, and inserting in their stead the words " such insured person "; (iii) omitting from the proviso the words " the owner of the motor vehicle concerned " and inserting in their stead the words " such insured person "; (b) in subsection (2), omitting the words " owner of the motor vehicle ", where they twice occur, and inserting in their stead the words " insured person "; (c) in subsection (3), (i) omitting all words from and including the words " recover from " to and including the words "jointly and severally " and inserting in their stead the following words:- recover from the insured person- (i) who would, if sued, have been liable in respect of any such accidental bodily injury; and (ii) whose statement, act or omission would, but for the provisions of subsection (2) of this section, have provided the Office or licensed insurer with a defence referred to in that subsection, and if there be two or more such insured persons from them jointly and severally" ; (ii) omitting from subparagraph (b) the words " the owner of the motor vehicle " and inserting in their stead the words " the insured person "; (iii) omitting from the proviso the words " the owner of the motor vehicle concerned " and inserting in their stead the words " the insured person "; (iv) omitting from the last paragraph the words " owner of a motor vehicle " where they twice occur and inserting in their stead the words insured person "; (d) adding the following subsection:- (4) The Office or a licensed insurer- (s) shall not be entitled to recover any moneys under subsection (3) of this section unless the court in which the proceedings for the recovery of the moneys are taken is satisfied that the mis-statement, non-disclosure, breach or failure to comply in question was such that it contributed in a material degree to the circumstances in which the Office or licensed insurer agreed to pay or otherwise became liable to pay the moneys sought to be recovered; (b) shall not be entitled to recover under subsection (3) of this section more than once in respect of the same mis-statement, non-disclosure, breach or failure to comply referred to in that subsection."

16 Motor Vehicles Insurance Acts Amendment Act oj' 1968, No. 4 7. Amendments to s. 4B . Section 4a of the Principal Act is amended by- (a) omitting the words " the owner of a motor vehicle " and inserting in their stead the words " an insured person "; (b) omitting the words " such motor vehicle " and inserting in their stead the words " a motor vehicle ". 8. Amendment to s. 4F. Section 4F of the Principal Act is amended by, in subsection (1), inserting after the words " For the purposes of this. section " the words " and of section 4G of this Act ". 9. Amendment to s. 4G. Section 4G of the Principal Act is amended by, in subsection (2), inserting after the words " owner of such motor vehicle " the words " or the name of any person who, in respect of that motor vehicle, is an insured person ". 10. Amendment to s. 6. Section six of the Principal Act is amended by, in subsection (2), omitting the words " an owner " and inserting in their stead the words " any person ". 11. Amendments to s. 9. Section nine of the Principal Act is amended by, in subsection (1),- (a) omitting from subparagraph (b) the word " owners " and inserting in its stead the words " insured persons "; (b) inserting in subparagraph (c) before the words " the application " the words " the joinder of the Office or a licensed insurer in any proceeding to enforce a claim in respect of which an insured person is indemnified; the regulation of a proceeding in which the Office or a licensed insurer is joined; "; (c) omitting from subparagraph (c) the words " owner " and " owner's " and inserting in the stead of the word " owner " the words " insured person " and in the stead of the word " owner's " the word person's "; (d) omitting subparagraph (g) and inserting in its stead the following subparagraph:- (g) The furnishing of prescribed returns and notices and the service of any process by prescribed persons."; (e) inserting after subparagraph (g) the following subparagraph:- (h) The circumstances in which the Office or a licensed insurer may recover from an insured person any sum paid on his behalf; the regulation of such recovery; the subrogation of the Office and licensed insurers to the rights of an insured person against any other person in respect of any claim; the enforcement of the rights to which the Office or, as the case may be, licensed insurer is subrogated."; (f) re-designating subparagraph (h) as subparagraph (i). 12. Amendments to s. 12. Section twelve of the Principal Act is amended by- (a) omitting the first paragraph and inserting in its stead the following paragraph:- " Where an action in respect of or arising out of accidental bodily injury (fatal or non-fatal) to any person caused by, through or in connection with a motor vehicle is before the Supreme Court of Queensland, or a

Motor Vehicles Insurance Acts Amendment Act of 1968, No. 4 17 District Court, and any person who may be made liable in that action is indemnified under a contract of insurance in accordance with this Act or with the law of the State of New South Wales or of any other prescribed State or Territory of the Commonwealth of Australia, such action! shall be heard and determined by a judge without a jury."; (b) in the second paragraph, omitting from subparagraph (c) the words " the owner of a motor vehicle which is insured under this Act and inserting in their stead the words " an insured person ". 13. Terms , & c., deemed to be in existing contracts . Subject to the provisions of this section, every contract of insurance under the Principal Act subsisting at the date of commencement of this Act shall, for so long as it subsists, be deemed to include terms and conditions such as to render the contract in accordance with the provisions of the Principal Act as amended by this Act and the contract shall be construed subject to the provisions of the Principal Act as amended by this Act. In relation to a claim in respect of or arising out of accidental bodily injury (fatal or non-fatal) caused prior to the date of commencement of this Act the Principal Act shall apply and the terms and conditions of any relevant contract of insurance shall be and shall be construed as if this Act had not been passed.