Road Transport (Third-Party Insurance) Act 2008 (ACT)

Road Transport (Third-Party Insurance) Act 2008 (repealed)   

A2008-1

Republication No 30

Effective:  1 February 2020

Republication date: 1 February 2020

As repealed by A2019‑12 s 615 (1)

About this republication

The republished law

This is a republication of the Road Transport (Third-Party Insurance) Act 2008 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 February 2020.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Road Transport (Third-Party Insurance) Act 2008 (repealed)

Contents

Page

Chapter 1  Preliminary

Part 1.1    Introduction

1            Name of Act  2

3            Dictionary  3

4            Notes  3

5Offences against Act—application of Criminal Code etc 3

Part 1.2    Objects and important concepts

5A          Objects  4

6            What is a personal injury?  4

7           Meaning of motor accident and injured person  5

8            When does someone use a motor vehicle?  5

9            What is the insurance industry deed?  6

10          What may be included in the insurance industry deed?  7

11          What is CTP insurance business?  8

12          What is a registered motor vehicle?  8

13          Who is the nominal defendant?  8

Part 1.3    CTP regulator

14          CTP regulator––establishment  9

14A           Functions of CTP regulator  10

Chapter 2  Compulsory third-party insurance (CTP insurance)

Part 2.1    CTP insurance—requirement

15          What is an insured motor vehicle?  12

16          Who is a CTP insured person?  12

17          Offence—using uninsured motor vehicle on road or road related area    12

Part 2.2    CTP policies

18          What is a CTP policy?  14

19          What is insured under a CTP policy?  14

20          Who is insured under a CTP policy?  15

21          What risks are covered by a CTP policy?  15

22          What risks are not covered by a CTP policy?  15

23          Who is the CTP insurer?  17

24          Licensed insurer not to decline etc to issue CTP policy  18

25          CTP insurer to indemnify insured people  18

26          CTP policy not affected by transfer etc of vehicle or trader’s plate         19

27          CTP policy not affected by errors etc  19

Part 2.3    Selecting a CTP insurer

28          Selecting for registered vehicle—first registration  21

29          Selecting for registered vehicle—renewal of registration  21

30          Selecting for motor vehicle with trader’s plate  22

30A           Selecting for light rail vehicle  22

Part 2.4    Length of CTP policy

31          When CTP policy takes effect—registered motor vehicles                  24

32          CTP policy in effect while insurer on risk—registered motor vehicles      24

33          Insurer on risk—period of registration  24

34          Insurer on risk—period of grace  25

34A           When CTP policy takes effect—trader’s plates  26

34B           CTP policy in effect while insurer on risk—trader’s plates                   27

34C           When CTP policy takes effect—light rail vehicles  27

34D           CTP policy in effect while insurer on risk—light rail vehicles                27

Part 2.5    Cancellation of CTP policies

35          CTP insurer cannot cancel CTP policy  29

36          CTP policy cancellation—registered vehicles  29

36A           CTP policy cancellation—trader’s plates  29

36B           CTP policy cancellation—light rail vehicles  30

Part 2.6    CTP premiums

Division 2.6.1              Approval of CTP premiums

37          What is a CTP premium?  31

38          What premium licensed insurer may charge  31

39          CTP regulator may make CTP premium guidelines  31

40          Licensed insurer to apply for approval of premiums  32

41          CTP regulator to approve or reject premiums  33

42          Criteria to reject premium  34

43          Criteria to decide if premium will fund liabilities  34

44          CTP regulator may reconsider rejected premiums  35

45          Arbitration of unresolved premiums  35

46          CTP regulator to report on licensed insurer’s profit margins                36

Division 2.6.2              CTP premium board

47          CTP premium board  37

48          Functions of board  37

49          Board members  37

50          Appointment of board members  38

51          Appointment of deputy chair  39

52          Ending board member appointments  39

53          Honesty, care and diligence of board members  40

54          Conflicts of interest by board members  40

55          Board agenda to require disclosure of interest item  41

56          Disclosure of interests by board members  41

57          Reporting of disclosed CTP premium board interests to Minister           43

58          Protection of CTP premium board members from liability  44

Part 2.7    Nominal defendant liable for uninsured or unidentified motor vehicles

59          Nominal defendant liable—unregistered vehicle permits  45

60          What is an uninsured motor vehicle?  46

61          Nominal defendant liable—uninsured motor vehicle  47

62          What is an unidentified motor vehicle?  49

63          Nominal defendant liable—unidentified motor vehicle  50

Chapter 3  Early payment for treatment of motor accident injuries

Part 3.1    Important concepts

68          Who is a person’s insurer?  52

69          What is a motor accident notification form?  52

70          What is a motor accident medical report?  52

71          What are medical expenses?  53

Part 3.2    Early payment

72          Entitlement to early payment—injured person to give forms to insurer within 30 working days   54

73          What kinds of expenses must be paid by insurer?  56

74          Maximum amount insurer is required to pay  56

75          Early payment—no effect on liability  57

75A           Early payment guidelines  57

Chapter 4  Motor accident claims

Part 4.1    Preliminary—ch 4

76          Definitions—ch 4  58

77          What is a motor accident claim?  60

78          Who is the claimant for a motor accident claim?  60

79          Who is the respondent for a motor accident claim?  61

80          Who is an insured person?  61

81          Who is the insurer for a motor accident claim?  62

82          Insured person not to admit liability, settle or make payments              62

83          Power of insurer to act for insured  63

83A           Nominal defendant may deal with motor accident claim  63

Part 4.2    Motor accident claims procedures

83B           Application to participate in LTCS scheme  65

84          Notice of claim  65

85          Time for giving notice of claim—CTP insurer  67

86          Time for giving notice of claim—nominal defendant  68

87          Respondent to identify and notify others  68

88          Preliminary response to claimant  69

89          Acknowledgment that proper respondent not admission of liability         71

90          Response to notice of claim  71

91          Claimant may add later respondents  73

92          Multiple respondents  74

93          Respondent may add contributor  75

94          Contributor’s response  76

95          Noncomplying notice of claim may be complying notice of claim           77

96          Claimant not to proceed without complying notice of claim                  78

97          Respondent to try to resolve motor accident claim  79

98          Time limit exception—legal disabilities  80

99          Costs awarded if noncompliance with pt 4.2—claimant  82

100         Costs awarded if noncompliance with pt 4.2—respondent                  82

Part 4.3    Obligations to give documents and information

101         Purpose—pt 4.3  83

102         What is a required document?  83

103         What is relevant claim information?  83

104         Claimant to give documents and information to respondent                84

105         Respondent to give documents and information to claimant                85

106         Respondent to give documents and information to contributor             87

107         Contributor to give documents to respondent  88

108         Alternative provision if more than 200 pages  89

109         Exception to obligation—client legal privilege  90

110         Exception to obligation—party already has documents or information     90

111         Exception to obligation—party suspects fraud  91

112         Offence—failure to give document or information  91

113         Consequences of failure to give document  92

114         Privilege generally for documents and information  92

Part 4.4    Enforcement of pt 4.2 and pt 4.3

115         Court’s power to enforce compliance with pt 4.2 and pt 4.3                 93

116         Offence—false or misleading statements  93

Part 4.5    Expert reports

117         Panel of recognised medical experts  95

118         Parties may jointly arrange for expert report  95

119         Cost of expert report obtained by agreement  96

120         Examination by expert if no agreement  96

Part 4.6    Respondent to pay for medical expenses and rehabilitation services

Division 4.6.1              Medical expenses

120A          Application—pt 4.6  98

121         Preconditions to payment of medical expenses  99

122         Respondent to pay injured person’s medical expenses  99

Division 4.6.2              Rehabilitation services

123         What is rehabilitation?  100

124         What are rehabilitation services?  100

125         What are provided rehabilitation services?  100

126         Respondent may make rehabilitation services available  101

127         Respondent to make rehabilitation services available  101

128         Respondent to give assessment of damages notice  101

129         Cost of services and assessment of damages  102

130         Reasonable and appropriate services—mediation  103

131         Reasonable and appropriate services—court proceeding                  103

132         Respondent to pay for rehabilitation services  104

133         Cost of rehabilitation services—mediation  104

134         Cost of rehabilitation services—court proceeding  105

Division 4.6.3              Medical and rehabilitation guidelines

135         CTP regulator may make medical and rehabilitation guidelines           105

Part 4.7    Compulsory conferences before court proceedings

136         Compulsory conference  107

137         Compulsory conference may be dispensed with  108

138         Compulsory conference mediator  108

139         Procedures before compulsory conference  108

140         Attendance and participation at compulsory conference  110

Part 4.8    Mandatory final offers

141         Mandatory final offers  112

142         Mandatory final offers may be dispensed with  113

143         Timing of mandatory final offers  113

144         Working out costs for mandatory final offers  113

145         Court proceedings not to begin if mandatory final offer open              114

Part 4.9    Court proceedings

146         Time limit for beginning proceeding  116

147         Time limit—compulsory conference  116

148         Time limit—no compulsory conference  117

149         Time limit—no mandatory final offers  118

150         Need for urgent proceeding  118

151         Insurer to be joint or sole defendant  119

152         Procedure if respondent is insurer  120

153         Exclusion of summary judgment on the basis of admissions              121

154         Insurer’s right to call and cross-examine insured person                   121

155         Costs—small awards of damages—generally  121

156         Costs—small awards of damages—exceptions  124

156A          Costs—awards of damages over $50 000  125

Part 4.9A   Damages for non‑economic loss

156B          Meaning of non-economic loss  127

156C          Guidelines to assist determining non-economic loss  127

Part 4.9B   Damages for treatment, care and support

156D          LTCS scheme participant—no damages etc for treatment, care and support    128

156E          LTCS scheme foreign national participant—no damages etc for treatment, care and support    129

Part 4.10   Judgment for noncompliance with time limits

157         Definitions—pt 4.10  131

158         Notice time limit not complied with  131

159         Thing not done within 7-day period—claimant as enforcing party         132

160         Thing not done within 7-day period—respondent as enforcing party     132

161         Thing not done within 7-day period—court may make orders             133

162         Court orders in favour of claimant  133

163         Court orders in favour of respondent  134

Part 4.10A Nominal defendant fund

163A          Nominal defendant to pay motor accident claims from nominal defendant fund 135

163B          Nominal defendant fund  135

163C          Collections for nominal defendant fund  137

163D          CTP regulator must decide contribution for nominal defendant liability    137

163E          UVP liability contribution to be paid with unregistered vehicle permit     138

163F           Accounts for nominal defendant fund  138

163G          Audit of nominal defendant fund  139

Part 4.11   CTP insurer and nominal defendant may recover costs incurred

Division 4.11.1            Preliminary

164         What are costs?  140

165         Insurer may only recover costs once  140

166         Proceeding to recover costs  141

Division 4.11.2            CTP insurers

167         CTP insurer may recover excess if 25% fault  141

168         CTP insurer may recover $2 000 if CTP premium fraud  141

169         CTP insurer may recover costs if no authority to use vehicle              142

170         CTP insurer may recover costs if injury intentional  143

171         CTP insurer may recover costs if driver using alcohol or drugs           143

Division 4.11.3            CTP insurer and nominal defendant

172         Insurer may recover costs if motor vehicle defective  144

173         Insurer may recover costs if fraud  145

Division 4.11.4            Nominal defendant

174         Nominal defendant may recover costs from responsible person or driver 145

174A          Nominal defendant may recover costs from rail transport operator       147

175         Nominal defendant—access to territory information etc  147

Part 4.12   Other matters

176         Insurer to deter fraudulent motor accident claims  148

176A          Effect of payments under LTCS Act on limitation period  148

177         Extraterritorial operation  148

Chapter 5  Licensing of insurers

Part 5.1    Important concepts

178         What is a CTP insurer licence?  150

179         Meaning of licensed insurer and former licensed insurer                   150

180         Offence—unlicensed insurer issues CTP policy  150

181         Unlicensed insurer liable for CTP policy  151

Part 5.2    Application for CTP insurer licence

182         Licence—application  152

183         Licence—eligibility  153

184         Decision on licence application  153

185         Licence conditions  155

186         Matters that may be regulated by licence conditions  157

187         Prohibited licence conditions  158

188         Offence—contravening licence condition  158

189         Contravention of licence condition does not affect CTP policy            159

190         Offence—unlicensed insurer contravening licence condition              159

191         Licence—length  159

192         Transfer of licences  159

Part 5.3    Suspension of CTP insurer licence

193         Licence suspension notices  161

194         Grounds for licence suspension—contraventions  161

195         Grounds for licence suspension—grounds other than contraventions     162

196         Ending licence suspension  164

197         Offence—issuing CTP policy if licence suspended  165

Part 5.4    Occupational discipline

198         Meaning of licensed insurer—pt 5.4  166

199         CTP regulator may choose occupational discipline instead of prosecution 166

200         Grounds for occupational discipline  166

201         Applications to ACAT for occupational discipline  167

202         Occupational discipline orders  167

Part 5.5    Cancellation of CTP insurer licences

203         Licence cancellation notices  169

204         Grounds for licence cancellation  169

205         Licence cancellation after surrender  170

206         Insurer’s liabilities to be met before licence cancelled  170

Part 5.6    Transfer of CTP policies to other insurers

207         Policy transfer notices  171

208         Transfer of policies to other insurers  171

209         Effect of transfer of policies  172

210         CTP insurer licence register  173

Part 5.7    Supervision of licensed insurers

211         What is a business plan?  174

212         Licensed insurer to have business plan  174

213         Licensed insurer to comply with business plan  175

214         Licensed insurer to revise business plan  175

215         CTP guidelines  175

216         What is a licensed insurer’s market share?  176

217         Working out market share of each licensed insurer  176

218         Reinsurance arrangements of licensed insurers  177

219         What are third-party funds?  177

220         Licensed insurer to provide investment details  178

221         Offence—licensed insurer to keep accounts  178

222         Offence—licensed insurer to provide returns  179

223         CTP regulator may publish returns  180

224         Audit of accounting records and compliance with guidelines              181

225         Offence—licensed insurer to assist appointed auditor  182

226         Audit of licensed insurer’s profitability  182

227         CTP regulator may ask for information etc  183

228         How CTP regulator is to ask  184

229         Offence—insurer to give information and documents  185

230         Reports about insurers  186

231         CTP regulator may apply for policy holder protection order               186

232         Court orders to protect policy holders  187

233         Offence—contravene court order  189

234         Offence—insurer to tell CTP regulator about grounds for suspension     189

235         Offence—insurer to tell CTP regulator of decrease in issued capital     189

236         Offence—insurer to tell CTP regulator of bidder’s statement or target’s statement       190

237         Only CTP regulator may issue proceeding against licensed insurer      190

Part 5.8    Insolvent insurers

238         Definitions—pt 5.8  191

239         Liquidators  191

240         Insolvent insurer declarations  192

241         Nominal defendant is insurer if CTP insurer insolvent  192

242         Nominal defendant may recover from insolvent insurer  193

243         Offence—liquidator to give motor accident claims to nominal defendant 193

244         Offence—liquidator to give information etc to nominal defendant         194

245         Offence—liquidator to allow inspection of documents  195

246         Borrowing for nominal defendant fund  196

247         Nominal defendant may intervene in legal proceeding  196

248         Nominal defendant may take legal proceeding  197

Chapter 6  Enforcement

Part 6.1    Enforcement—general

249         Definitions—ch 6  198

Part 6.2    Powers of authorised people

250         Power to enter premises  199

251         Production of identity card  199

252         Consent to entry  200

253         General powers on entry to premises  201

254         Power to seize things  202

Part 6.3    Search warrants

255         Warrants generally  203

256         Warrants—application made other than in person  204

257         Search warrants—announcement before entry  205

258         Details of search warrant to be given to occupier etc  206

259         Occupier entitled to be present during search etc  206

Part 6.4    Return and forfeiture of things seized

260         Receipt for things seized  207

261         Moving things to another place for examination or processing under search warrant    207

262         Access to things seized  209

263         Return of things seized  209

264         Forfeiture of seized things  210

265         Application for order disallowing seizure  211

266         Order for return of seized thing  211

Part 6.5    Enforcement—miscellaneous

267         Damage etc to be minimised  213

268         Compensation for exercise of enforcement powers  213

Chapter 7  Information collection and secrecy

269         Information to be provided by licensed insurers  215

269A          Exchange of information  216

270         CTP claims register  217

271         Secrecy  218

Chapter 8  Miscellaneous

272         Application to Territory and Commonwealth motor vehicles               220

275         Review of Act  220

276         Approved forms  221

277         Regulation-making power  221

Dictionary222

Endnotes

1            About the endnotes  229

2            Abbreviation key  229

3            Legislation history  230

4            Amendment history  235

5            Earlier republications  248

6            Expired transitional or validating provisions  250

Road Transport (Third-Party Insurance) Act 2008 (repealed)

An Act about third-party insurance, and for other purposes

Chapter 1Preliminary

Part 1.1Introduction

1. Name of Act

   This Act is the Road Transport (Third-Party Insurance) Act 2008.

   Note 1This Act is part of the road transport legislation.  See the Road Transport (General) Act 1999 for various provisions about the administration and enforcement of the road transport legislation generally.

   Note 2Other road transport legislation includes the following:

   ·     Road Transport (Alcohol and Drugs) Act 1977

   ·     Road Transport (Driver Licensing) Act 1999

   ·     Road Transport (General) Act 1999

   ·     Road Transport (Public Passenger Services) Act 2001

   ·     Road Transport (Safety and Traffic Management) Act 1999

   ·     Road Transport (Vehicle Registration) Act 1999.

   Note 3Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).

   Note 4A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

1. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘road transport legislation—see the Road Transport (General) Act 1999, section 6.’ means that the term ‘road transport legislation’ is defined in that section and the definition applies to this Act.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 1.2Objects and important concepts

5AObjects

The main objects of this Act are—

(a)to continue and improve the system of compulsory third-party insurance, and the scheme of statutory insurance for uninsured and unidentified vehicles, operating in the ACT; and

(b)to promote competition in setting premiums for compulsory third-party insurance policies; and

(c)to keep the costs of insurance at an affordable level; and

(d)to provide for the licensing and supervision of insurers providing insurance under policies of compulsory third-party insurance; and

(e)to encourage the speedy resolution of personal injury claims resulting from motor accidents; and

(f)to promote and encourage, as far as practicable, the rehabilitation of people who sustain personal injury because of motor accidents; and

(g)to establish and keep a register of motor accident claims to help the administration of the statutory insurance scheme and the detection of fraud; and

(h)to promote measures directed at eliminating or reducing causes of motor accidents and mitigating their results.

1. What is a personal injury?

   In this Act:

   personal injury means bodily injury and includes—

   (a)psychological or psychiatric injury; and

   (b)damage to spectacles, contact lenses, dentures, hearing aids, crutches, wheelchairs, artificial limbs and prosthetic devices; and

   (c)death.

   Examples—psychological or psychiatric injury

   mental or nervous shock

2. Meaning of motor accident and injured person

   In this Act:

   motor accident means an incident that—

   (a)involves the use or operation of a motor vehicle; and

   (b)causes personal injury to an individual (the injured person); and

   (c)happens when—

   (i)someone is driving the motor vehicle; or

   (ii)someone or something collides with the motor vehicle; or

   (iii)someone takes action to avoid colliding with the motor vehicle; or

   (iv)the motor vehicle runs out of control.

3. When does someone use a motor vehicle?

   (1)For this Act:

   use, a motor vehicle, includes—

   (a)drive, park or stop the vehicle on a road or road related area; and

   (b)maintain the vehicle; and

   (c)if the vehicle is towing a trailer—use the trailer while attached to the vehicle; and

   (d)if the vehicle is a tow truck towing or carrying an uninsured motor vehicle—use or operate the uninsured vehicle being towed or carried; and

   (e)anything else prescribed by regulation.

   (2)Also, if a trailer being towed by a motor vehicle becomes detached from the vehicle and runs out of control, the use of the vehicle is taken to include the trailer while it is running out of control.

4. What is the insurance industry deed?

   In this Act:

   insurance industry deed means a deed that—

   (a)is between—

   (i)the Territory; and

   (ii)the nominal defendant; and

   (iii)licensed insurers; and

   (b)regulates the conduct of CTP insurance business and matters incidental to—

   (i)the conduct of CTP insurance business; and

   (ii)the compulsory third-party insurance scheme under this Act.

   NoteCTP insurance business, for a licensed insurer, means any business associated with CTP policies (see s 11).

5. What may be included in the insurance industry deed?

   (1)The insurance industry deed may include provisions for each of the following:

   (a)the requirements for licensed insurers to make disclosures and reports to the CTP regulator in accordance with stated standards and requirements;

   (b)the apportionment of liability, and sharing of costs, between licensed insurers;

   (c)the appointment of a person to arbitrate disputes between 2 or more licensed insurers about a motor accident claim;

   (d)the sharing of information between CTP insurers for the mutual benefit of insurers;

   (e)the management of motor accident claims under CTP policies;

   (f)direction and guidance for licensed insurers about initiating, managing, monitoring and measuring the effectiveness of the provision of rehabilitation services for injured claimants;

   (g)regulation, in any other way, of the conduct of CTP insurance business under the compulsory third-party insurance scheme under this Act.

   NoteCTP insurance business, for a licensed insurer, means any business associated with CTP policies (see s 11).

   (2)A regulation may prescribe—

   (a)what may or must be included in the insurance industry deed; and

   (b)anything else about the content of the deed.

6. What is CTP insurance business?

   In this Act:

   CTP insurance business, for a licensed insurer, means any business of the insurer associated with CTP policies.

7. What is a registered motor vehicle?

   In this Act:

   registered motor vehicle means a motor vehicle registered under—

   (a)the Road Transport (Vehicle Registration) Act 1999; or

   (b)the Interstate Road Transport Act 1985 (Cwlth).

8. Who is the nominal defendant?

   (1)For this Act, ACTIA is the nominal defendant.

   (2)Any action or proceeding by or against the nominal defendant must be taken in the name of the ‘nominal defendant’.

   (3)In this section:

   ACTIA means the Australian Capital Territory Insurance Authority established under the Insurance Authority Act 2005.

Part 1.3CTP regulator

NoteThe governance of territory authorities, including the CTP regulator, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.

The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers.

1. CTP regulator––establishment

   (1)The Australian Capital Territory Compulsory Third-Party Insurance Regulator (the CTP regulator) is established.

   Note 1The CTP regulator is a corporation (see Financial Management Act 1996, s 54, s 72, def relevant territory authority, and s 73).

   Note 2The Legislation Act, dict, pt 1, defines establish as including continue in existence.

   (2)The Minister must appoint a public servant as the CTP regulator.

   Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

   Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

   (3)An appointment must be for not longer than 5 years.

   NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

   (4)The CTP regulator may delegate the CTP regulator’s functions under the road transport legislation to a public employee.

   NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

14AFunctions of CTP regulator

The CTP regulator has the following functions:

(a)to regulate the licensing of insurers operating under the compulsory third‑party insurance scheme under this Act, including to issue, suspend or cancel licences for insurers and supervise insurers;

(b)to monitor the management of claims by licensed insurers and insurers’ compliance with their obligations under the Act;

(c)to ensure that premiums fully fund the present and likely future liability under the Act but are not excessive;

(d)to approve or reject CTP premiums and make guidelines in relation to premiums under this Act;

(e)to monitor the availability, adequacy and use of rehabilitation services for claimants who suffer personal injury in motor accidents and develop and support programs, research, resources and guidelines that will assist effective injury management;

(f)to support research into the causes of motor accidents, and the economic, social and personal cost of motor accidents;

(g)to promote public awareness of the causes of motor accidents, and the economic, social and personal cost of motor accidents;

(h)to promote the provision, maintenance and support of the infrastructure and services necessary to reduce the incidence and consequences of motor accidents;

(i)to monitor the efficiency of the compulsory third‑party insurance scheme and, in particular, the proportion of the funds of the scheme paid to claimants or applied for their direct benefit;

(j)to develop and coordinate strategies to identify and combat fraud in or related to motor accident claims;

(k)to keep the insurance industry deed under review and make recommendations for its amendment;

(l)to keep the compulsory third‑party insurance scheme generally under review and make recommendations for its amendment;

(m)any other function given to the CTP regulator under this Act or another territory law.

Chapter 2Compulsory third-party insurance (CTP insurance)

Part 2.1CTP insurance—requirement

1. What is an insured motor vehicle?

   In this Act:

   insured motor vehicle means a motor vehicle, or other thing, insured under a CTP policy.

   NoteThe motor vehicles and other things insured under a CTP policy are mentioned in s 19.

2. Who is a CTP insured person?

   In this Act:

   CTP insured person means a person who is insured under a CTP policy.

   NoteThe people insured under a CTP policy are mentioned in s 20.

3. Offence—using uninsured motor vehicle on road or road related area

   (1)A person commits an offence if—

   (a)the person uses, or permits or allows a person to use, a motor vehicle on a road or road related area; and

   (b)the vehicle is not an insured motor vehicle.

   Maximum penalty:  50 penalty units.

   Note 1Use, a vehicle, is defined in s 8 and includes provisions about trailers.  Road and road related area are defined in the dictionary.

   Note 2Penalties imposed under this Act must be paid into the nominal defendant fund (see s 163B).

   (2)This section does not apply to a person who uses a motor vehicle on a road or road related area if—

   (a)there is an unregistered vehicle permit in force for the vehicle; or

   (b)the registration provisions do not apply to the vehicle because of the Road Transport (Vehicle Registration) Regulation 2000, part 2.2 (Vehicles not subject to registration provisions); or

   (c)the vehicle is exempted from this section by regulation.

   (3)It is a defence to a prosecution for an offence against this section if the defendant establishes that, at the time the motor vehicle was used on the road or road related area, the defendant believed on reasonable grounds that the vehicle was an insured motor vehicle.

   NoteA trailer does not have to be separately insured (see s 19, s 60 to s 63).

Part 2.2CTP policies

1. What is a CTP policy?

   In this Act:

   compulsory third-party policy (or CTP policy) means an insurance policy—

   (a)the subject of which is something mentioned in section 19; and

   (b)insures someone mentioned in section 20; and

   (c)insures against the risk mentioned in section 21; and

   (d)does not insure against a risk mentioned in section 22.

2. What is insured under a CTP policy?

   A CTP policy has the following subjects:

   (a)a registered motor vehicle;

   (b)a motor vehicle with a valid trader’s plate attached;

   (c)a light rail vehicle;

   (d)a trailer or anything else that—

   (i)is attached to a vehicle mentioned in paragraphs (a) to (c); or

   (ii)becomes detached from a vehicle mentioned in paragraphs (a) to (c) and runs out of control;

   (e)anything else prescribed by regulation.

3. Who is insured under a CTP policy?

   A CTP policy insures—

   (a)a person who uses an insured motor vehicle; and

   (b)anyone else who is vicariously liable for the person’s use of the insured motor vehicle; and

   (c)anyone else prescribed by regulation; and

   (d)if a person mentioned in paragraph (a), (b) or (c) is dead—the person’s estate.

4. What risks are covered by a CTP policy?

   A CTP policy insures against the risk of liability for personal injury caused by a motor accident.

5. What risks are not covered by a CTP policy?

   (1)A CTP policy does not insure against the risk of 1 or more of the following:

   (a)liability to pay compensation under the Workers Compensation Act 1951 (or a corresponding law of a State or another Territory);

   (b)liability that may be incurred under an agreement unless the liability would have arisen without the agreement;

   (c)liability that is attributable to an act that, having regard to the nature of the act and the context in which the act was done, it is reasonable to characterise as an act of terrorism;

   NoteSee s (3) in relation to when it is reasonable to characterise an act as an act of terrorism.

   (d)liability for personal injury, damage or loss—

   (i)that arises independently of a wrongful act or omission; or

   (ii)to the extent that the personal injury, loss or damage is attributable to the injured person’s own wrongful act or omission;

   (e)liability to pay exemplary, punitive or aggravated damages;

   (f)liability to pay damages for a personal injury that arises gradually from a series of incidents;

   (g)liability to pay the treatment, care and support costs of a participant in the LTCS scheme;

   NoteLTCS scheme—see the dictionary.

   (h)any other liability prescribed by regulation.

   (2)To remove any doubt, a CTP policy does not insure the responsible person for a motor vehicle, or the driver of a motor vehicle, if—

   (a)the motor vehicle is in an area that is subject to a declaration under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) that has the effect of disapplying this Act; or

   (b)the motor vehicle is subject to a declaration under the Road Transport (General) Act 1999, section 13 (Power to exclude vehicles, people or animals from road transport legislation) that has the effect of disapplying this Act; or

   (c)the responsible person or driver is subject to a declaration under the Road Transport (General) Act 1999, section 13 that has the effect of disapplying this Act.

   (3)For subsection (1) (c)—

   (a)an act cannot be characterised as an act of terrorism unless the act—

   (i)causes or threatens to cause death, personal injury or damage to property; and

   (ii)is designed to influence a government or intimidate the public or a section of the public; and

   (iii)is carried out for the purpose of advancing a political, religious, ideological, ethnic or similar cause; and

   (b)a lawful activity or industrial action cannot be characterised as an act of terrorism.

1. Who is the CTP insurer?

   In this Act:

   CTP insurer means—

   (a)for an insured motor vehicle that—

   (i)is a registered motor vehicle—the insurer selected as the CTP insurer for the motor vehicle under—

   (A)section 28 (Selecting for registered vehicle—first registration); or

   (B)section 29 (Selecting for registered vehicle—renewal of registration); or

   (ii)has a valid trader’s plate attached—the insurer selected under section 30 (Selecting for motor vehicle with trader’s plate) as the CTP insurer for a motor vehicle to which the trader’s plate may be attached; or

   (iii)is a light rail vehicle—the insurer selected as the CTP insurer for the light rail vehicle under section 30A (Selecting for light rail vehicle); or

   (b)for a trailer or other thing that is—

   (i)mentioned in section 19 (d) (What is insured under a CTP policy?)—the insurer for the motor vehicle to which the trailer or thing is attached or becomes detached; or

   (ii)prescribed by regulation under section 19 (e)—the entity prescribed by regulation; or

   (c)for a CTP insured person—the CTP insurer for the CTP policy under which the person is insured; or

   (d)for a CTP policy—the CTP insurer that issued the policy.

2. Licensed insurer not to decline etc to issue CTP policy

   A licensed insurer cannot repudiate, or decline to issue or renew, a CTP policy.

3. CTP insurer to indemnify insured people

   (1)A CTP policy under this Act is binding on the CTP insurer for the CTP policy.

   (2)The CTP insurer for a CTP policy is, despite any other law, liable to indemnify each CTP insured person for the CTP policy for the liability that the policy purports to cover.

   (3)To remove any doubt, the reference to any other law in subsection (2) does not include a reference to—

   (a)section 22 (What risks are not covered by a CTP policy?); or

   (b)a declaration made under the Road Transport (General) Act 1999—

   (i)section 12 (Power to include or exclude areas in road transport legislation); or

   (ii)section 13 (Power to exclude vehicles, people or animals from road transport legislation).

4. CTP policy not affected by transfer etc of vehicle or trader’s plate

   (1)A CTP policy for an insured motor vehicle is not affected by a change in who is the responsible person for the vehicle.

   (2)A CTP policy for a registered motor vehicle is not affected by a transfer of the registration of the vehicle.

   NoteRegistration of a vehicle may be transferred under the Road Transport (Vehicle Registration) Regulation 2000, pt 4.2.

   (3)A CTP policy for a motor vehicle with a trader’s plate attached is not affected by a transfer of the trader’s plate.

   NoteA trader’s plate may be transferred under the Road Transport (Vehicle Registration) Regulation 2000, s 100.

   (4)If the road transport authority becomes aware of any of the following changes in relation to an insured motor vehicle, the road transport authority must tell the CTP insurer for the motor vehicle about the change:

   (a)a change in who is the responsible person for the vehicle;

   (b)a change in registration details of the vehicle;

   (c)a change of person to whom a trader’s plate is issued.

5. CTP policy not affected by errors etc

   (1)The validity of a CTP policy is not affected by an error of the road transport authority, or an error of a licensed insurer, in relation to the policy.

   (2)The validity of a CTP policy is not affected by payment of an incorrect CTP premium for the policy.

   (3)A licensed insurer who has been paid an incorrect CTP premium may recover any outstanding amount as a debt owing to the insurer.

   NoteAn amount owing under a law to a person may be recovered as a debt owing to the person in a court of competent jurisdiction (see Legislation Act, s 177).

Part 2.3Selecting a CTP insurer

1. Selecting for registered vehicle—first registration

   If a person applies to the road transport authority for registration of a motor vehicle, the person must also—

   (a)select, in a way approved by the road transport authority, a licensed insurer to be the CTP insurer under a CTP policy for the motor vehicle for the period of registration; and

   (b)pay to the road transport authority the CTP premium for the CTP policy for the period of registration.

   NoteCTP premiums must be decided in accordance with pt 2.6.

2. Selecting for registered vehicle—renewal of registration

   (1)If a registered operator of a registered motor vehicle applies for renewal of registration for the motor vehicle, the registered operator must also—

   (a)select, in a way approved by the road transport authority, a licensed insurer to be the CTP insurer under a CTP policy for the motor vehicle for the period of renewed registration; and

   (b)pay to the road transport authority the CTP premium for the CTP policy for the period of renewed registration.

   NoteCTP premiums must be decided in accordance with pt 2.6.

   (2)In this section:

   registered operator—see the Road Transport (Vehicle Registration) Act 1999, dictionary.

3. Selecting for motor vehicle with trader’s plate

   If a person applies to the road transport authority for a trader’s plate, the person must also—

   (a)select, in a way approved by the road transport authority, a licensed insurer to be the CTP insurer under a CTP policy for a motor vehicle to which the trader’s plate may be attached for the period for which the trader’s plate is issued; and

   (b)pay to the road transport authority the CTP premium for the CTP policy for the period for which the trader’s plate is issued.

   Note 1The road transport authority may issue a trader’s plate to a person under the Road Transport (Vehicle Registration) Regulation 2000, s 88.

   Note 2CTP premiums must be decided in accordance with pt 2.6.

30ASelecting for light rail vehicle

(1)Before each insurance period for which a rail transport operator for a light rail vehicle intends to use the vehicle on a road or road related area, the operator must—

(a)tell the road transport authority about—

(i)the intention; and

(ii)if there is no CTP policy in force for the light rail vehicle—the unique identification number displayed on the light rail vehicle by the rail transport operator for the light rail vehicle; and

(b)select, in a way approved by the road transport authority, a licensed insurer to be the CTP insurer under a CTP policy for the light rail vehicle for the insurance period; and

(c)pay to the road transport authority the CTP premium for the CTP policy for the insurance period.

NoteCTP premiums must be decided in accordance with pt 2.6.

(2)In this section:

insurance period, for a light rail vehicle, means—

(a)a period of 12 months beginning on 1 November; or

(b)if the CTP policy for the light rail vehicle comes into force on another day—a period of less than 12 months beginning on the day the policy comes into force and ending on 31 October.

Part 2.4Length of CTP policy

1. When CTP policy takes effect—registered motor vehicles

   If the road transport authority registers, or renews the registration of, a motor vehicle, a CTP policy comes into force for the motor vehicle when the registration, or renewal of registration, takes effect.

2. CTP policy in effect while insurer on risk—registered motor vehicles

   A CTP policy for a registered motor vehicle is in force for the period for which the CTP insurer is on risk under—

   (a)section 33 (Insurer on risk—period of registration); or

   (b)section 34 (Insurer on risk—period of grace).

3. Insurer on risk—period of registration

   (1)The CTP insurer of a registered motor vehicle is on risk for the period of registration of the motor vehicle.

   (2)However, if the registration is renewed before the previous period of registration ends—

   (a)the old insurer is on risk until the previous period of registration expires; and

   (b)the new insurer comes on risk immediately after the previous period of registration expires.

   (3)The CTP insurer ceases to be on risk if the CTP policy is cancelled.

   NoteCancellation of CTP policies is dealt with in s 36.

   (4)In this section:

   new insurer means the CTP insurer whose insurance is later in time.

   NoteThe old insurer and the new insurer may be the same insurer or different insurers.

   old insurer, in relation to a motor vehicle the registration of which is renewed during the period of grace or later, means the last CTP insurer of the vehicle before renewal.

   period of registration means—

   (a)the period, not longer than 1 year, for which the registration, or renewed registration, of a motor vehicle is to be in force; or

   (b)if the registration, or renewed registration is cancelled or surrendered before the end of that period—the period for which the registration, or renewed registration, is actually in force.

   renewal of registration of a motor vehicle includes registration of the vehicle after the previous registration has expired.

4. Insurer on risk—period of grace

   (1)If registration of a motor vehicle is renewed during the period of grace—

   (a)the old insurer is on risk until midnight on the day registration is renewed; and

   (b)the new insurer comes on risk immediately after midnight and is on risk for the period of renewed registration.

   NotePeriod of grace is defined in s (4).

   (2)If registration is renewed after the period of grace expires—

   (a)the new insurer comes on risk at the time the renewal of registration is effected; and

   (b)the motor vehicle is not an insured motor vehicle from the expiry of the previous period of registration until the renewal of registration takes effect.

   (3)A CTP insurer ceases to be on risk if the CTP policy is cancelled.

   (4)In this section:

   new insurer means the CTP insurer whose insurance is later in time.

   NoteThe old insurer and the new insurer may be the same insurer or different insurers.

   old insurer, in relation to a motor vehicle the registration of which is renewed during the period of grace or later, means the last CTP insurer of the vehicle before renewal.

   period of grace means the 14 days after the registration, or renewal of registration, of a motor vehicle expires.

   NoteThere is no period of grace following the cancellation or surrender of registration or a renewal of registration of a motor vehicle.

   period of registration—see section 33 (4).

   renewal of registration of a motor vehicle includes registration of the vehicle after the previous registration has expired.

34AWhen CTP policy takes effect—trader’s plates

If the road transport authority issues a trader’s plate to a person, a CTP policy comes into force for a motor vehicle to which the trader’s plate is attached—

(a)when the trader’s plate is attached to the motor vehicle; and

(b)only if the trader’s plate is a valid trader’s plate.

34BCTP policy in effect while insurer on risk—trader’s plates

(1)A CTP policy for a motor vehicle with a valid trader’s plate attached is in force for the period for which the CTP insurer is on risk under this section.

(2)The CTP insurer of the motor vehicle is on risk for the period for which the valid trader’s plate is attached to the motor vehicle.

(3)The CTP insurer ceases to be on risk if the trader’s plate is detached from the vehicle.

(4)The CTP insurer ceases to be on risk if the CTP policy is cancelled.

NoteCancellation of CTP policies is dealt with in s 36A.

34CWhen CTP policy takes effect—light rail vehicles

If a rail transport operator for a light rail vehicle pays to the road transport authority a CTP premium for a CTP policy for the light rail vehicle, the CTP policy comes into force—

(a)on the next 1 November; or

(b)if there is no CTP policy in force for the light rail vehicle when the CTP premium is paid—on the day after the day payment is made.

34DCTP policy in effect while insurer on risk—light rail vehicles

(1)A CTP policy for a light rail vehicle is in force for the period for which the CTP insurer is on risk under this section.

(2)The CTP insurer of the light rail vehicle is on risk for the insurance period for the light rail vehicle.

(3)The CTP insurer ceases to be on risk if the CTP policy is cancelled.

NoteCancellation of CTP policies is dealt with in s 36B.

(4)In this section:

insurance period—see section 30A (2).

Part 2.5Cancellation of CTP policies

1. CTP insurer cannot cancel CTP policy

   A CTP insurer has no power to cancel a CTP policy.

2. CTP policy cancellation—registered vehicles

   A CTP policy for a registered motor vehicle is cancelled if the registration of the motor vehicle is cancelled.

36ACTP policy cancellation—trader’s plates

(1)A CTP policy for a motor vehicle with a trader’s plate attached is cancelled if—

(a)the road transport authority requires the person to whom the trader’s plate was issued to return the plate to the authority under the Road Transport (Vehicle Registration) Regulation 2000—

(i)section 89 (Recall of trader’s plates); or

(ii)section 101 (Return of trader’s plate); or

(b)the trader’s plate is surrendered to the road transport authority under the Road Transport (Vehicle Registration) Regulation 2000, section 102 (Surrender of trader’s plates).

(2)However, the CTP policy is not cancelled if the person returns the trader’s plate and the road transport authority issues a replacement trader’s plate to the person under the Road Transport (Vehicle Registration) Regulation 2000, section 89 (3).

36BCTP policy cancellation—light rail vehicles

(1)A CTP policy for a light rail vehicle is cancelled if the accreditation of the rail transport operator for light rail vehicle is cancelled or surrendered.

NoteA rail transport operator’s accreditation may be cancelled or surrendered under the Rail Safety National Law (ACT), s 73 or s 75.

(2)In this section:

accreditation, of a rail transport operator, means accreditation by the Office of the National Rail Safety Regulator under the Rail Safety National Law (ACT).

Part 2.6CTP premiums

Division 2.6.1           Approval of CTP premiums

1. What is a CTP premium?

   In this Act:

   CTP premium, for a CTP policy, means—

   (a)the insurance premium approved under this part for the CTP policy; or

   (b)another premium worked out by the insurer in accordance with the CTP premium guidelines.

2. What premium licensed insurer may charge

   A licensed insurer may charge a premium for a CTP policy only if the premium is—

   (a)approved under this part; or

   (b)worked out in accordance with the CTP premium guidelines.

3. CTP regulator may make CTP premium guidelines

   (1)The CTP regulator may make guidelines for premiums for CTP policies (the CTP premium guidelines).

   (2)The CTP premium guidelines may—

   (a)state how CTP premiums are to be worked out and the factors to be taken into account in working out CTP premiums; and

   (b)require licensed insurers to state how they have worked out CTP premiums; and

   (c)state the additional information the CTP regulator may require licensed insurers to give to the CTP regulator—

   (i)with an application for approval of a premium; or

   (ii)to justify CTP premiums they have already given to the CTP regulator for approval.

   Example—additional information

   for estimated investment earnings—the verification of assumptions, estimated profit, capital allocation to CTP insurance business

   (3)The CTP premium guidelines are a notifiable instrument.

   Note 1A notifiable instrument must be notified under the Legislation Act.

   Note 2It is a condition of a CTP insurer licence that the licensed insurer must comply with CTP premium guidelines (see s 185).

4. Licensed insurer to apply for approval of premiums

   (1)A licensed insurer must apply to the CTP regulator for approval of premiums the licensed insurer proposes to charge for CTP policies the licensed insurer intends to issue—

   (a)after the defined period after the licensed insurer’s premiums were last approved by the CTP regulator; or

   (b)if the CTP regulator, by written notice (an approval notice), requires the licensed insurer to apply for the approval.

   (2)If a licensed insurer receives an approval notice, the licensed insurer must make the application not later than 4 weeks after the day the licensed insurer receives the approval notice.

   Note 1The CTP premium guidelines may state the additional information the CTP regulator may require licensed insurers to give to the CTP regulator with the application (see s 39).

   Note 2It is a condition of a CTP insurer licence that the licensed insurer must comply with this section (see s 185).

   Note 3If a form is approved under s 276 for this section, the form must be used.

   Note 4A fee may be determined under the Road Transport (General) Act 1999, s 96, for this section.

   (3)In this section:

   defined period means—

   (a)1 year; or

   (b)if the CTP regulator allows a longer period of time—the longer period allowed by the CTP regulator.

5. CTP regulator to approve or reject premiums

   (1)If a licensed insurer applies to the CTP regulator for approval of a premium for a CTP policy, the CTP regulator must—

   (a)approve the premium; or

   (b)reject the premium.

   NoteCriteria for rejecting the premium are in s 42.  The licensed insurer may ask the CTP regulator to reconsider a rejected premium (see s 44).

   (2)The CTP regulator must, not later than 6 weeks after the day the CTP regulator receives the application from the licensed insurer—

   (a)decide whether to approve or reject the premium; and

   (b)tell the licensed insurer—

   (i)about the decision; and

   (ii)the reasons for the decision.

6. Criteria to reject premium

   The CTP regulator may reject a premium for a CTP policy only if the CTP regulator considers that—

   (a)the premium will not fully fund the present and likely future liability under this Act of the licensed insurer; or

   NoteCriteria for deciding whether a premium will fully fund the present and likely future liability under this Act of a licensed insurer are in s 43.

   (b)having regard to actuarial advice and to other relevant financial information available to the CTP regulator, the premium is excessive; or

   (c)the premium does not comply with the CTP premium guidelines.

   NoteThe CTP premium guidelines are made under s 39.

7. Criteria to decide if premium will fund liabilities

   (1)A CTP premium will fully fund the present and likely future liability under this Act of a licensed insurer if the CTP premium is sufficient—

   (a)to pay all acquisition and policy administration expenses of the licensed insurer; and

   (b)to provide an amount of money that together with anticipated investment income is equal to the best estimate of the cost of motor accident claims plus motor accident claim settlement expenses (in inflated dollars) at the assumed date of settlement; and

   (c)to provide a profit margin in excess of all motor accident claims, costs and expenses that represents an adequate return on capital invested and compensation for the risk taken; and

   (d)to provide for other matters that a prudent insurer should, in all the circumstances, make provision for.

   (2)For subsection (1) (b) and (c), the cost of motor accident claims does not include the treatment, care and support costs of a participant in the LTCS scheme.

   NoteLTCS scheme—see the dictionary.

1. CTP regulator may reconsider rejected premiums

   (1)If the CTP regulator rejects a premium for a CTP policy (the original decision), the licensed insurer may ask the CTP regulator to reconsider the rejected premium.

   (2)Until the rejected premium is reconsidered, the CTP regulator may ask an actuary to decide a provisional premium for the CTP policy.

   (3)A provisional premium has effect, until the CTP regulator makes a decision under subsection (4) in relation to the original decision, as if the provisional premium were a CTP premium.

   (4)The CTP regulator must, not later than 4 weeks after the day the CTP regulator receives the request for reconsideration of the original decision from the licensed insurer—

   (a)reconsider the original decision; and

   (b)decide whether to approve or reject the premium; and

   NoteCriteria for rejecting the premium are in s 42.

   (c)tell the licensed insurer—

   (i)about the decision; and

   (ii)the reasons for the decision.

2. Arbitration of unresolved premiums

   (1)If, under section 44, the CTP regulator again rejects a premium for a CTP policy, the matter must be arbitrated under this section.

   (2)The Commercial Arbitration Act 2017 applies to the arbitration, subject to this Act.

   (3)The arbitral tribunal for the matter is—

   (a)if the CTP regulator and the licensed insurer agree on an arbitrator—the agreed arbitrator; or

   (b)if the CTP regulator and the licensed insurer do not agree on an arbitrator—the CTP premium board.

   (4)However, if the matter has been arbitrated by an agreed arbitrator for 7 days and the parties cannot reach agreement, the CTP premium board must arbitrate the matter.

   (5)The arbitral tribunal may approve a premium for a CTP policy only if the premium is, in the arbitral tribunal’s opinion, sufficient to fully fund the present and likely future liability of the licensed insurer under this Act.

   Note 1Criteria for deciding whether a CTP premium will fully fund the present and likely future liability under this Act of a licensed insurer are in s 43.

   Note 2A decision under this section by an arbitral tribunal is a reviewable decision (see the Road Transport (General) Act 1999, pt 7 and the Road Transport (General) Regulation 2000).

   (6)The regulations may make provision for the arbitration of matters.

   (7)In this section:

   arbitral tribunal—see the Commercial Arbitration Act 2017, dictionary.

3. CTP regulator to report on licensed insurer’s profit margins

   (1)A licensed insurer must tell the CTP regulator the profit margin on which each CTP premium charged by the licensed insurer is based and the actuarial basis for working out that profit margin.

   (2)The CTP regulator must assess—

   (a)the profit margin; and

   (b)the actuarial basis on which the profit margin is worked out.

   (3)The CTP regulator must present a report about the assessments annually to the Legislative Assembly.

Division 2.6.2           CTP premium board

1. CTP premium board

   The CTP premium board (the CTP premium board) is established.

2. Functions of board

   The CTP premium board has the following functions:

   (a)to arbitrate matters about premiums for CTP policies;

   (b)any other function prescribed by regulation.

3. Board members

   (1)The CTP premium board has the following members:

   (a)a chair;

   (b)a government representative;

   (c)3 motorist representatives;

   (d)2 CTP insurer representatives.

   (2)A person must not hold 2 or more positions mentioned in subsection (1).

4. Appointment of board members

   (1)The Minister may appoint the members of the CTP premium board.

   Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

   Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

   Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

   (2)The only criteria for deciding whether to appoint a person as a member are—

   (a)that the person has the experience or expertise necessary to exercise the functions of a member; and

   (b)for the chair—that the person is also a senior lawyer; and

   (c)for the government representative, that the person also—

   (i)is a public servant; and

   (ii)represents the interests of the Territory; and

   (d)for a motorist representative—that the person also represents the interests of motorists; and

   (e)for a CTP insurer representative—that the person also represents the interests of CTP insurers.

   (3)The appointment of a member must be for a term of not longer than 3 years.

   (4)The conditions of appointment of a member are the conditions stated in the appointment.

   (5)In this section:

   Australian legal practitioner—see the Legal Profession Act 2006, section 8.

   senior lawyer means a lawyer who—

   (a)is an Australian legal practitioner; and

   (b)has been an Australian legal practitioner for at least 10 years; and

   (c)has practised law in the area of personal injury matters for at least 5 years.

5. Appointment of deputy chair

   The CTP premium board may appoint a member, other than the chair, as deputy chair for the CTP premium board.

6. Ending board member appointments

   The Minister may end a CTP premium board member’s appointment—

   (a)if the member contravenes a territory law; or

   (b)for misbehaviour; or

   (c)if the member becomes bankrupt or personally insolvent; or

   NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

   (d)if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or

   (e)if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

   NoteFound guilty, of an offence—see the Legislation Act, dictionary, pt 1.

   (f)if the member exercises the member’s functions other than in accordance with section 53; or

   (g)if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions; or

   (h)if the member contravenes section 56 (Disclosure of interests by board members); or

   (i)if the member is absent from 3 consecutive meetings of the board, otherwise than on approved leave; or

   (j)for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.

   NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

7. Honesty, care and diligence of board members

   In exercising the functions of a CTP premium board member, a member must exercise the degree of honesty, care and diligence required to be exercised by a director of a corporation in relation to the affairs of the corporation.

8. Conflicts of interest by board members

   A CTP premium board member must take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions.

9. Board agenda to require disclosure of interest item

   The agenda for each meeting of the CTP premium board must include an item requiring any material interest in an issue to be considered at the meeting to be disclosed to the meeting.

10. Disclosure of interests by board members

    (1)If a CTP premium board member has a material interest in an issue being considered, or about to be considered, by the CTP premium board, the member must disclose the nature of the interest at a board meeting as soon as practicable after the relevant facts come to the member’s knowledge.

    NoteMaterial interest is defined in s (4).  The definition of indirect interest in s (4) applies to the definition of material interest.

    (2)The disclosure must be recorded in the CTP premium board’s minutes and, unless the board otherwise decides, the member must not—

    (a)be present when the board considers the issue; or

    (b)take part in a decision of the board on the issue.

    Example

    Albert, Boris and Chloe are members of a CTP premium board.  They have an interest in an issue being considered at a CTP premium board meeting and they disclose the interest as soon as they become aware of it.  Albert’s and Boris’s interests are minor but Chloe has a direct financial interest in the issue.

    The CTP premium board considers the disclosures and decides that because of the nature of the interests:

    ·     Albert may be present when the board considers the issue but not take part in the decision

    ·     Boris may be present for the consideration and take part in the decision.

    The board does not make a decision allowing Chloe to be present or take part in the board’s decision.  Accordingly, since Chloe has a material interest she cannot be present for the consideration of the issue or take part in the decision.

    (3)Any other CTP premium board member who also has a material interest in the issue must not be present when the board is considering its decision under subsection (2).

    (4)In this section:

    associate, of a person, means—

    (a)the person’s business partner; or

    (b)a close friend of the person; or

    (c)a family member of the person.

    executive officer, of a corporation, means a person, however described and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.

    indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:

    (a)an associate of the person;

    (b)a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation;

    (c)a subsidiary of a corporation mentioned in paragraph (b);

    (d)a corporation if the person, or an associate of the person, is an executive officer of the corporation;

    (e)the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust;

    (f)a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership;

    (g)someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.

    material interest—a CTP premium board member has a material interest in an issue if the member has—

    (a)a direct or indirect financial interest in the issue; or

    (b)a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue.

11. Reporting of disclosed CTP premium board interests to Minister

    (1)Within 3 months after the day a material interest is disclosed under section 56 (1), the chair of the CTP premium board must report to the Minister in writing about—

    (a)the disclosure; and

    (b)the nature of the interest disclosed; and

    (c)any decision by the board under section 56 (2).

    (2)The chair must also give the Minister, not later than 31 days after the end of each financial year, a statement that sets out the information given to the Minister in reports under subsection (1) that relate to disclosures made during the previous financial year.

    (3)The Minister must give a copy of the statement to the relevant committee of the Legislative Assembly within 31 days after the day the Minister receives the statement.

    (4)In this section:

    relevant committee means—

    (a)a standing committee of the Legislative Assembly nominated by the Speaker for subsection (3); or

    (b)if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for public accounts.

12. Protection of CTP premium board members from liability

    (1)A CTP premium board member is not civilly liable for anything done or omitted to be done honestly and without recklessness—

    (a)in the exercise of a function under a territory law; or

    (b)in the reasonable belief that the act or omission was in the exercise of a function under a territory law.

    (2)Any liability that would, apart from this section, attach to a CTP premium board member attaches instead to the Territory.

Part 2.7Nominal defendant liable for uninsured or unidentified motor vehicles

1. Nominal defendant liable—unregistered vehicle permits

   (1)This section applies if—

   (a)a personal injury is caused by a motor accident; and

   (b)at the time of the motor accident, an unregistered vehicle permit is in force for the motor vehicle involved in the motor accident; and

   (c)the motor accident happened anywhere in Australia.

   NoteMotor accident

   is defined in s 7.

   
   Personal injury

   is defined in s 6.

   (2)The nominal defendant is liable in relation to the personal injury as if—

   (a)a CTP policy were in force for the motor vehicle; and

   (b)the nominal defendant were the CTP insurer for the CTP policy.

   NoteCTP policy is defined in s 18.

   (3)However, the nominal defendant is not liable in relation to the personal injury—

   (a)if—

   (i)the motor accident happened on an area that is not a road and is open to or used by the public for driving, riding or parking vehicles; and

   (ii)at the time the motor accident happened, the person injured was a trespasser on the land; or

   NoteThe area described in subpar (i) is a road related area (see dict, def road related area par (a) (iv)).

   (b)if the motor vehicle is owned by—

   (i)the Commonwealth, or an entity representing the Commonwealth; or

   (ii)the Territory, or an entity representing the Territory; or

   (c)if at the time the motor accident happened—

   (i)the motor vehicle was registered under either the law of a place other than the ACT or under a law of the Commonwealth; and

   (ii)the motor vehicle was—

   (A)covered under a policy of compulsory third-party insurance; or

   (B)subject to coverage under a compulsory motor vehicle or trailer accident compensation scheme of that place or of the Commonwealth; or

   (d)if a regulation prescribes that, in the circumstances, the nominal defendant is not liable in relation to the personal injury.

   NoteThe nominal defendant is also not liable for the risks mentioned in s 22.

2. What is an uninsured motor vehicle?

   (1)For this Act:

   uninsured motor vehicle—

   (a)means a motor vehicle for which there is no CTP policy in force; and

   (b)includes a trailer that—

   (i)is attached to an uninsured motor vehicle; or

   (ii)runs out of control after becoming accidentally detached from an uninsured motor vehicle; and

   (c)includes anything else prescribed by regulation; but

   (d)does not include—

   (i)a motor vehicle for which an unregistered vehicle permit is in force; or

   (ii)an unregistered, uninsured motor vehicle that is designed to be driven for recreational purposes on an area that is not a road or road-related area.

   Example

   a quad bike

   (2)To remove any doubt, it does not matter whether a trailer mentioned in subsection (1) (b) is registered.

3. Nominal defendant liable—uninsured motor vehicle

   (1)This section applies if—

   (a)a personal injury is caused by a motor accident; and

   (b)at the time of the motor accident, the motor vehicle involved in the motor accident—

   (i)had a sufficient connection with the ACT; and

   (ii)was an uninsured motor vehicle; and

   (c)the motor accident happened anywhere in Australia.

   Note 1Motor accident

   is defined in s 7.

   
   Personal injury

   is defined in s 6.

   Note 2The circumstances in which a motor vehicle has a sufficient connection with the ACT may be prescribed by regulation (see s (5)).

   (2)The nominal defendant is liable in relation to the personal injury as if—

   (a)a CTP policy were in force for the motor vehicle; and

   (b)the nominal defendant were the CTP insurer for the CTP policy.

   NoteCTP policy is defined in s 18.

   (3)However, the nominal defendant is not liable in relation to the personal injury—

   (a)if—

   (i)the motor accident happened on an area that is not a road and is open to or used by the public for driving, riding or parking vehicles; and

   (ii)at the time the motor accident happened, the person injured was a trespasser on the land; or

   NoteThe area described in subpar (i) is a road related area (see dict, def road related area par (a) (iv)).

   (b)the uninsured motor vehicle is owned by—

   (i)the Commonwealth, or an entity representing the Commonwealth; or

   (ii)the Territory, or an entity representing the Territory; or

   (c)at the time the motor accident happened—

   (i)the uninsured motor vehicle was registered under either the law of a place other than the ACT or under a law of the Commonwealth; and

   (ii)the uninsured motor vehicle was—

   (A)covered under a policy of compulsory third-party insurance; or

   (B)subject to coverage under a compulsory motor vehicle or trailer accident compensation scheme of that place or of the Commonwealth; or

   (d)a regulation prescribes that, in the circumstances, the nominal defendant is not liable in relation to the personal injury.

   NoteThe nominal defendant is also not liable for the risks mentioned in s 22.

   (4)In this section:

   motor vehicle means a motor vehicle that—

   (a)is exempt from registration; or

   (b)if not exempt from registration—must be registered to allow its lawful use or operation on a road or road related area in the ACT and—

   (i)was at the time of manufacture capable of registration; or

   (ii)was at the time of manufacture, with minor adjustments, capable of registration; or

   (iii)was previously capable of registration but is no longer capable of registration because the motor vehicle is in disrepair.

   (5)A regulation may prescribe the circumstances in which a motor vehicle has a sufficient connection with the ACT.

4. What is an unidentified motor vehicle?

   (1)In this Act:

   unidentified motor vehicle—

   (a)means a motor vehicle that cannot be identified after reasonable inquiry and search; and

   (b)includes a trailer that—

   (i)is attached to an unidentified motor vehicle; or

   (ii)runs out of control after becoming accidentally detached from an unidentified motor vehicle; and

   (c)includes anything else prescribed by regulation; but

   (d)does not include a motor vehicle that is designed to be driven for recreational purposes on an area that is not a road or road‑related area.

   Example—par (d)

   a quad bike

   (2)To remove any doubt, it does not matter whether a trailer mentioned in subsection (1) (b) is registered.

   (3)The inquiry or search may be proved orally or by affidavit of the person who made the inquiry or search.

   Note 1The claimant must prove that reasonable inquiry or search has been carried out before the nominal defendant may be added as a later respondent (see s 91).

   Note 2The respondent must prove that reasonable inquiry or search has been carried out before the nominal defendant may be added as a contributor (see s 93).

269AExchange of information

(1)The CTP regulator may exchange information with the LTCS commissioner about the following:

(a)claims under this Act;

(b)payments made to or on behalf of a person who is a participant in the LTCS scheme under the LTCS Act;

(c)the treatment and care needs of a person who is a participant in the LTCS scheme in relation to the motor accident injury as a consequence of which the person became a participant in the scheme.

NoteLTCS Act—see the dictionary.

LTCS scheme—see the dictionary.

(2)In this section:

information, about the treatment and care needs of a participant in the LTCS scheme, includes the expenses paid or payable by the LTCS commissioner under the scheme in relation to those needs.

NoteLTCS commissioner—see the dictionary.

Participant, in the LTCS scheme—see the dictionary.

Treatment and care needs, of a participant in the LTCS scheme—see the dictionary.

1. CTP claims register

   (1)The CTP regulator must keep a register of compulsory third-party insurance motor accident claims (the CTP claims register).

   (2)The CTP claims register must contain information provided under this Act by insurers that the CTP regulator considers appropriate for inclusion in the CTP claims register.

   (3)The CTP claims register must also include details of information provided by the LTCS commissioner under section 269A that the CTP regulator considers appropriate for inclusion in the CTP claims register.

   NoteLTCS commissioner—see the dictionary.

   (4)The information contained in the CTP claims register must be accessible to licensed insurers and others to the extent that the CTP regulator decides.

   (5)However, information that would, if it became generally known, affect an insurer’s competitive position must not be disclosed in a form that would allow the insurer to be identified.

2. Secrecy

   (1)In this section:

   court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

   divulge includes communicate.

   person to whom this section applies means a person who—

   (a)is or has been—

   (i)a member of the CTP premium board; or

   (ii)a licensed insurer; or

   (iii)an actuary engaged by the CTP regulator for this Act; or

   (b)exercises, or has exercised, a function under this Act.

   produce includes allow access to.

   protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.

   (2)A person to whom this section applies commits an offence if—

   (a)the person—

   (i)makes a record of protected information about someone else; and

   (ii)is reckless about whether the information is protected information about someone else; or

   (b)the person—

   (i)does something that divulges protected information about someone else; and

   (ii)is reckless about whether—

   (A)the information is protected information about someone else; and

   (B)doing the thing would result in the information being divulged to someone else.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (3)Subsection (2) does not apply if the record is made, or the information is divulged—

   (a)under this Act or another territory law; or

   (b)in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or

   (c)under the insurance industry deed; or

   (d)in a court proceeding.

   (4)Subsection (2) does not apply to the divulging of protected information about someone with the person’s consent.

   (5)Subsection (2) does not apply to the divulging of protected information by an insurer only to another insurer.

Chapter 8Miscellaneous

1. Application to Territory and Commonwealth motor vehicles

   (1)A requirement under this Act for a CTP policy does not apply in relation to a motor vehicle owned by the Territory, the Commonwealth or a territory or commonwealth authority.

   (2)However, the Territory, the Commonwealth or a territory or commonwealth authority is, for a motor vehicle for which a CTP policy is not in force, under the same liabilities, and has the same rights, as a licensed insurer would be under, or have, if the insurer had issued a CTP policy for the vehicle.

   (3)In this section:

   commonwealth authority means a body, whether or not incorporated, established under a Commonwealth Act.

2. Review of Act

   (1)The Minister must review the operation of this Act every 3 years after the commencement of the Road Transport (Third-Party Insurance) Amendment Act 2012.

   (2)The Minister must present a report on the review to the Legislative Assembly within 3 months after the review is started.

3. Approved forms

   (1)The CTP regulator may approve forms for this Act.

   (2)If the CTP regulator approves a form for a particular purpose, the approved form must be used for that purpose.

   NoteFor other provisions about forms, see the Legislation Act, s 255.

   (3)An approved form is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

4. Regulation-making power

   (1)The Executive may make regulations for this Act.

   NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

   (2)A regulation may deal with the CTP premium board.

   NoteThe CTP premium board is established in s 47.

   (3)A regulation may create offences and fix maximum penalties of not more than 20 penalty units for the offences.

   Note 1Penalties imposed under this Act must be paid into the nominal defendant fund (see s 163B).

   Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACAT

·     bankrupt or personally insolvent

·     corporation

·     Corporations Act

·     financial year

·     occupational discipline order

·     person

·     State

·     under.

Note 3The Road Transport (General) Act 1999 contains definitions relevant to this Act. For example, the following terms are defined in the Road Transport (General) Act 1999, dictionary:

·     driver

·     jurisdiction

·     light rail vehicle

·     motor vehicle

·     ride

·     road

·     road related area

·     road transport authority (or authority) (see s 16)

·     road transport legislation (see s 6)

·     trader’s plate

·     trailer

·     vehicle.

Note 4If a word or expression is defined in an Act (but not a regulation or another publication) included in the road transport legislation, the definition applies to each use of the word or expression in other road transport legislation unless the contrary intention appears (see Road Transport (General) Act 1999, s 8).

appointed auditor––see section 224.

APRA means the Australian Prudential Regulation Authority established under the Australian Prudential Regulation Authority Act 1998 (Cwlth), section 7.

ASIC means the Australian Securities and Investments Commission under the Australian Securities and Investments Commission Act 2001 (Cwlth).

assessed treatment and care needs, of a participant in the LTCS scheme—see the LTCS Act, section 29.

assessment of damages notice, for division 4.6.2 (Rehabilitation services)—see section 128.

authorised person, for chapter 6 (Enforcement)—see section 249.

business plan—see section 211.

business plan guidelines—see section 215 (3) (b).

claimant, for a motor accident claim—see section 78.

compliance notice, for part 4.10 (Judgment for noncompliance with time limits)—see section 158.

complying notice of claim, for chapter 4 (Motor accident claims)—see section 76.

compulsory conference, for chapter 4 (Motor accident claims)—see section 136.

compulsory third-party policy—see section 18.

connected, for chapter 6 (Enforcement)—see section 249.

contribution notice, for chapter 4 (Motor accident claims)—see section 93.

contributor, for a motor accident claim, for chapter 4 (Motor accident claims)—see section 93.

costs, for part 4.11 (CTP insurer and nominal defendant may recover costs incurred)—see section 164.

court, for a motor accident claim, for chapter 4 (Motor accident claims)—see section 76.

CTP claims register—see section 270.

CTP insurance business, for a licensed insurer—see section 11.

CTP insured person—see section 16.

CTP insurer—see section 23.

CTP insurer licence—see section 178.

CTP policy—see section 18.

CTP policy issued by an insolvent insurer, for part 5.8 (Insolvent insurers)—see section 238.

CTP premium, for a CTP policy—see section 37.

CTP premium board—see section 47.

CTP premium guidelines—see section 39.

CTP regulator—see section 14.

drive, a vehicle, includes—

(a)be in control of the steering, movement or propulsion of the vehicle; and

(b)if the vehicle is a trailer—draw or tow the vehicle; and

(c)if the vehicle can be ridden—ride the vehicle.

enforcing party, for part 4.10 (Judgment for noncompliance with time limits)—see section 158.

excluded treatment and care—see the LTCS Act, section 9.

former licensed insurer, for chapter 5 (Licensing of insurers)—see section 179.

ground for occupational discipline—see section 200.

injured person—see section 7.

insolvent insurer, for part 5.8 (Insolvent insurers)—see section 238.

insolvent insurer declaration, for part 5.8 (Insolvent insurers)—see section 240.

insurance industry deed—see section 9.

insured motor vehicle—see section 15.

insured person, for a motor accident claim—see section 80.

insurer—

(a)for chapter 3 (Early payment for treatment of motor accident injuries)—see section 68; or

(b)for chapter 4 (Motor accident claims)—see section 81.

issue, of a CTP policy, includes the issue of a renewal of the policy.

late party, for part 4.10 (Judgment for noncompliance with time limits)—see section 158.

later respondent, for a motor accident claim, for chapter 4 (Motor accident claims)—see section 91.

licensed insurer—

(a)see section 179; or

(b)for part 5.4 (Occupational discipline)—see section 198.

liquidator, for part 5.8 (Insolvent insurers)—see section 238.

LTCS Act means the Lifetime Care and Support (Catastrophic Injuries) Act 2014.

LTCS commissioner—see the LTCS Act, dictionary.

LTCS scheme—see the LTCS Act, dictionary.

mandatory final notice—see section 141.

mandatory final offer, for chapter 4 (Motor accident claims)—see section 141.

market share, of a licensed insurer, for part 5.7 (Supervision of licensed insurers)—see section 216.

medical and rehabilitation guidelines—see section 135.

medical expenses—see section 71.

medical treatment, for chapter 4 (Motor accident claims)—see section 76.

motor accident—see section 7.

motor accident claim, for a motor accident—see section 77.

motor accident medical report, for a motor accident—see section 70.

motor accident notification form, for a motor accident—see section 69.

nominal defendant—see section 13.

nominal defendant fund—see section 163B.

non-economic loss—see section 156B.

notice of claim, for a motor accident claim, for chapter 4 (Motor accident claims)—see section 84.

occupier, of premises, for chapter 6 (Enforcement)––see section 249.

offence, for chapter 6 (Enforcement)—see section 249.

participant, in the LTCS scheme—see the LTCS Act, dictionary.

party, for a motor accident claim, for chapter 4 (Motor accident claims)—see section 76.

personal injury—see section 6.

provided rehabilitation services, for division 4.6.2 (Rehabilitation services)—see section 125.

rail transport operator—see the Rail Safety National Law (ACT), section 4.

registered motor vehicle—see section 12.

rehabilitation, for chapter 4 (Motor accident claims)—see section 123.

rehabilitation services—see section 124.

related body corporate—see the Corporations Act, section 9 (Dictionary).

relevant claim information, for a motor accident claim, for part 4.3 (Obligations to give documents and information)—see section 103.

relevant notice claim, for part 4.10 (Judgment for noncompliance with time limits)—see section 159.

required document, for a motor accident claim, for part 4.3 (Obligations to give documents and information)—see section 102.

required thing, for part 4.10 (Judgment for noncompliance with time limits)—see section 157.

respondent, for a motor accident claim, for chapter 4 (Motor accident claims)—see section 79.

respondents’ claim manager, for a motor accident claim, for chapter 4 (Motor accident claims)—see section 92.

response, for a motor accident claim, for chapter 4 (Motor accident claims)—see section 90.

responsible person, for a vehicle—see the Road Transport (General) Act 1999, section 10 and section 11.

third-party funds, of a licensed insurer, for part 5.7 (Supervision of licensed insurers)—see section 219.

treatment and care needs, of a participant in the LTCS scheme—see the LTCS Act, section 9.

unidentified motor vehicle—see section 62.

uninsured motor vehicle—see section 60.

unregistered vehicle permit—see the Road Transport (Vehicle Registration) Act 1999, dictionary.

use, a motor vehicle—see section 8.

UVP liability contribution—see section 163D.

valid trader’s plate means a trader’s plate that—

(a)is issued by the road transport authority to a person; and

(b)the road transport authority has not required the person to return to the authority under the Road Transport (Vehicle Registration) Regulation 2000—

(i)section 89 (Recall of trader’s plates); or

(ii)section 101 (Return of trader’s plate); and

(c)has not been surrendered to the road transport authority under the Road Transport (Vehicle Registration) Regulation 2000, section 102 (Surrender of trader’s plates).

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Road Transport (Third-Party Insurance) Act 2008 A2008-1

   notified LR 26 February 2008
   s 1, s 2 commenced 26 February 2008 (LA s 75 (1))
   remainder commenced 1 October 2008 (s 2 as am by A2008‑39 s 4)

   as amended by

   Road Transport (Third-Party Insurance) Amendment Act 2008 A2008‑39

   notified LR 22 August 2008
   s 1, s 2 commenced 22 August 2008 (LA s 75 (1))

   remainder commenced 23 August 2008 (s 2)

   as modified by

   Road Transport (Third-Party Insurance) Regulation 2008 SL2008-37 s 103

   notified LR 25 August 2008
   s 1, s 2 commenced 25 August 2008 (LA s 75 (1))

   s 103 commenced 1 October 2008 (s 2 and see A2008-1 s 2 (as am by A2008‑39 s 4))

   as amended by

   Road Transport (Third-Party Insurance) Amendment Act 2008 (No 2) A2008‑54

   notified LR 16 December 2008
   s 1, s 2 commenced 16 December 2008 (LA s 75 (1))

   remainder commenced 17 December 2008 (s 2)

   Road Transport (Third-Party Insurance) Amendment Act 2009 A2009‑16

   notified LR 30 June 2009

   s 1, s 2 commenced 30 June 2009 (LA s 75 (1))

   remainder commenced 5 July 2009 (s 2)

   Road Transport (Mass, Dimensions and Loading) Act 2009 A2009-22 sch 1 pt 1.11

   notified LR 3 September 2009
   s 1, s 2 commenced 3 September 2009 (LA s 75 (1))

   sch 1 pt 1.11 commenced 3 March 2010 (s 2 and LA s 79)

   Statute Law Amendment Act 2010 A2010-18 sch 1 pt 1.8, sch 3 pt 3.22

   notified LR 13 May 2010
   s 1, s 2 commenced 13 May 2010 (LA s 75 (1))

   sch 1 pt 1.8, sch 3 pt 3.22 commenced 3 June 2010 (s 2)

   Road Transport (Third-Party Insurance) (Governance) Amendment Act 2010 A2010-36

   notified LR 29 September 2010
   s 1, s 2 commenced 29 September 2010 (LA s 75 (1))

   remainder commenced 30 September 2010 (s 2)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.137

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.137 commenced 1 July 2011 (s 2 (1))

   Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.30

   notified LR 31 August 2011
   s 1, s 2 commenced 31 August 2011 (LA s 75 (1))

   sch 3 pt 3.30 commenced 21 September 2011 (s 2 (1))

   Road Transport (Third-Party Insurance) Amendment Act 2012 A2012‑48 (as am by A2012-49)

   notified LR 5 September 2012
   s 1, s 2 commenced 5 September 2012 (LA s 75 (1))

   remainder commenced 1 January 2013 (s 2)

   Road Transport (Third-Party Insurance) Amendment Act 2012 (No 2) A2012-49

   notified LR 5 December 2012
   s 1, s 2 commenced 5 December 2012 (LA s 75 (1))
   remainder commenced 1 January 2013 (s 2 and see A2012‑48, s 2)

   NoteThis Act only amends the Road Transport (Third-Party Insurance) Amendment Act 2012 A2012-48.

   Statute Law Amendment Act 2013 A2013-19 sch 1 pt 1.3, sch 3 pt 3.45

   notified LR 24 May 2013
   s 1, s 2 commenced 24 May 2013 (LA s 75 (1))

   sch 1 pt 1.3, sch 3 pt 3.45 commenced 14 June 2013 (s 2)

   Heavy Vehicle National Law (Consequential Amendments) Act 2013 A2013-52 pt 14

   notified LR 9 December 2013
   s 1, s 2 commenced 9 December 2013 (LA s 75 (1))

   pt 14 commenced 10 February 2014 (s 2 and see Heavy Vehicle National Law (ACT) Act 2013 A2013-51, s 2 (1) and CN2014-2)

   Lifetime Care and Support (Catastrophic Injuries) Act 2014 A2014-11 sch 1

   notified LR 17 April 2014
   s 1, s 2 commenced 17 April 2014 (LA s 75 (1))
   sch 1 commenced 1 July 2014 (s 2)

   Statute Law Amendment Act 2014 A2014‑18 sch 3 pt 3.20

   notified LR 20 May 2014
   s 1, s 2 commenced 20 May 2014 (LA s 75 (1))

   sch 3 pt 3.20 commenced 10 June 2014 (s 2 (1))

   Statute Law Amendment Act 2015 A2015‑15 sch 1 pt 1.1, sch 3 pt 3.51

   notified LR 27 May 2015
   s 1, s 2 commenced 27 May 2015 (LA s 75 (1))

   sch 1 pt 1.1, sch 3 pt 3.51 commenced 10 June 2015 (s 2)

   Annual Reports (Government Agencies) Amendment Act 2015 A2015‑16 sch 1 pt 1.21

   notified LR 27 May 2015
   s 1, s 2 commenced 27 May 2015 (LA s 75 (1))

   sch 1 pt 1.21 commenced 3 June 2015 (s 2)

   Statute Law Amendment Act 2015 (No 2) A2015‑50 sch 1 pt 1.4

   notified LR 25 November 2015
   s 1, s 2 commenced 25 November 2015 (LA s 75 (1))

   sch 1 pt 1.4 commenced 9 December 2015 (s 2)

   Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.41

   notified LR 13 April 2016
   s 1, s 2 commenced 13 April 2016 (LA s 75 (1))

   sch 3 pt 3.41 commenced 27 April 2016 (s 2)

   Lifetime Care and Support (Catastrophic Injuries) Amendment Act 2016 (No 2) A2016‑35 sch 1 pt 1.1

   notified LR 21 June 2016
   s 1, s 2 commenced 21 June 2016 (LA s 75 (1))

   sch 1 pt 1.1 commenced 22 June 2016 (LA s 73 (1) (a) and see LA s 75B (1))

   Commercial Arbitration Act 2017 A2017-7 sch 1 pt 1.7

   notified LR 4 April 2017
   s 1A, s 1B commenced 4 April 2017 (LA s 75 (1))
   sch 1 pt 1.7 commenced 1 July 2017 (s 1B and CN2017‑1)

   Road Transport Reform (Light Rail) Legislation Amendment Act 2017 A2017-21 pt 9

   notified LR 8 August 2017
   s 1, s 2 commenced 8 August 2017 (LA s 75 (1))
   pt 9 commenced 15 August 2017 (s 2)

   Statute Law Amendment Act 2017 (No 2) A2017-28 sch 3 pt 3.15

   notified LR 27 September 2017
   s 1, s 2 commenced 27 September 2017 (LA s 75 (1))
   sch 3 pt 3.15 commenced 11 October 2017 (s 2)

   Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.33

   notified LR 25 September 2018
   s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
   sch 1 pt 1.33 commenced 23 October 2018 (s 2 (4))

   Road Transport Legislation Amendment Act 2019 A2019-21 pt 15

   notified LR 8 August 2019
   s 1, s 2 commenced 8 August 2019 (LA s 75 (1))
   pt 15 commenced 19 September 2019 (s 2 (1))

   as repealed by

   Motor Accident Injuries Act 2019 A2019-12 s 615

   notified LR 31 May 2019
   s 1, s 2 commenced 31 May 2019 (LA s 75 (1))
   s 615 commenced 1 February 2020 (s 2 (1) and CN2019-13)

1. Amendment history

   Name of Act

   s 1am A2009‑22 amdt 1.27; A2013‑52 s 67, s 68

   Commencement

   s 2sub A2008‑39 s 4

   om LA s 89 (4)

   Objects and important concepts

   pt 1.2 hdgsub A2010‑36 s 4

   Objects

   s 5Ains A2010‑36 s 4

   What is a registered motor vehicle?

   s 12orig s 12

   om A2009‑16 s 4

   pres s 12

   (prev s 30) reloc and renum as s 12 A2009‑16 s 12

   Who is the nominal defendant?

   s 13 hdg(prev s 59 hdg) sub A2009‑16 s 22

   s 13orig s 13

   om A2009‑16 s 4

   pres s 13

   (prev s 59) reloc and renum as s 13 A2009‑16 s 23

   CTP regulator

   pt 1.3 hdgins A2010‑36 s 5

   Who is the CTP regulator?

   s 14 hdg(prev s 273 hdg) sub A2009‑16 s 44; A2015‑15 amdt 1.1

   s 14orig s 14

   om A2009‑16 s 4

   pres s 14

   (prev s 273) am A2009‑16 s 45

   reloc and renum as s 14 A2009‑16 s 46

   sub A2010‑36 s 5

   am A2011‑22 amdt 1.393; A2015‑15 amdt 1.2, amdt 3.204; ss renum R20 LA

   Functions of CTP regulator

   s 14Ains A2010‑36 s 5

   am A2011‑28 amdt 3.217

   What is an insured motor vehicle?

   s 15sub A2009‑16 s 5

   Offence—using uninsured motor vehicle on road or road related area

   s 17am A2009‑16 s 6, amdt 1.1; A2019‑21 s 106

   What is insured under a CTP policy?

   s 19sub A2009‑16 s 7

   am A2017‑21 s 68, s 69; pars renum R26 LA

   Offence—using uninsured motor vehicle on road or road related area

   s 22am A2009‑16 s 8, s 9; A2014-11 amdt 1.1; pars renum R18 LA

   Who is the CTP insurer?

   s 23sub A2009‑16 s 10

   am A2017‑21 s 70

   CTP policy not affected by transfer etc of vehicle or trader’s plate

   s 26sub A2009‑16 s 11

   CTP policy not affected by errors etc

   s 27 hdgsub A2012‑48 s 4

   s 27am A2012‑48 s 5

   Selecting for registered vehicle—first registration

   s 28 hdgsub A2017‑21 s 71

   Selecting for registered vehicle—renewal of registration

   s 29 hdgsub A2017‑21 s 71

   s 29am A2014‑18 amdt 3.81

   Selecting for motor vehicle with trader’s plate

   s 30 hdgsub A2017‑21 s 71

   s 30orig s 30

   reloc and renum as s 12 A2009‑16 s 12

   pres s 30

   ins A2009‑16 s 13

   Selecting for light rail vehicle

   s 30Ains A2017‑21 s 72

   When CTP policy takes effect—registered motor vehicles

   s 31 hdgsub A2017‑21 s 73

   CTP policy in effect while insurer on risk—registered motor vehicles

   s 32 hdgsub A2009‑16 s 14

   s 32am A2009‑16 s 15

   Insurer on risk—period of registration

   s 33am A2009‑16 ss 16-19

   When CTP policy takes effect—trader’s plates

   s 34A hdgsub A2017‑21 s 73

   s 34Ains A2009‑16 s 20

   CTP policy in effect while insurer on risk—trader’s plates

   s 34Bins A2009‑16 s 20

   When CTP policy takes effect—light rail vehicles

   s 34Cins A2017‑21 s 74

   CTP policy in effect while insurer on risk—light rail vehicles

   s 34Dins A2017‑21 s 74

   CTP policy cancellation—registered vehicles

   s 36sub A2009‑16 s 21

   CTP policy cancellation—trader’s plates

   s 36Ains A2009‑16 s 21

   CTP policy cancellation—light rail vehicles

   s 36Bins A2017‑21 s 75

   What is a CTP premium?

   s 37sub A2012‑48 s 6

   What premium licensed insurer may charge

   s 38sub A2012‑48 s 6

   Criteria to decide if premium will fund liabilities

   s 43am A2014-11 amdt 1.2

   Arbitration of unresolved premiums

   s 45am A2017‑7 amdts 1.10-1.13

   Average risk premium amount

   s 46Ains A2010‑36 s 6

   om A2015‑16 amdt 1.26

   Ending board member appointments

   s 52am A2010‑18 amdt 1.24; A2014‑18 amdt 3.82

   Disclosure of interests by board members

   s 56am A2010‑18 amdt 3.98

   Nominal defendant liable—unregistered vehicle permits

   s 59orig s 59

   reloc and renum as s 13 A2009‑16 s 23

   pres s 59

   ins A2009‑16 s 24

   What is an uninsured motor vehicle?

   s 60am A2009‑16 s 25; A2010‑18 amdt 1.25; A2014‑18 amdt 3.83

   What is an unidentified motor vehicle?

   s 62am A2010‑18 amdt 1.26; A2014‑18 amdt 3.83

   Nominal defendant may deal with motor accident claim

   s 64reloc and renum as s 83A A2009‑16 s 27

   Nominal defendant to pay motor accident claims from nominal defendant fund

   s 65reloc and renum as s 163A A2009‑16 s 30

   Nominal defendant fund

   s 66reloc and renum as s 163B A2009‑16 s 33

   Collections for nominal defendant fund

   s 67reloc and renum as s 163C A2009‑16 s 34

   Entitlement to early payment—injured person to give forms to insurer within 30 working days

   s 72 hdgsub A2012‑48 s 9

   s 72sub A2010‑18 amdt 1.27

   am A2012‑48 s 7, s 8 (om by A2012-49 s 4); A2012‑48 ss 10‑12; ss and pars renum R13 LA; A2013‑19 amdts 1.3‑1.5; A2014‑18 amdt 3.101; A2017‑28 amdt 3.52

   What kinds of expenses must be paid by insurer?

   s 73am A2012‑48 s 13

   Early payment guidelines

   s 75Ains A2012‑48 s 14

   Definitions—ch 4

   s 76def later respondent ins A2014‑18 amdt 3.84

   def rehabilitation ins A2014‑18 amdt 3.84

   Nominal defendant may deal with motor accident claim

   s 83A(prev s 64) am A2009‑16 s 26

   reloc and renum as s 83A A2009‑16 s 27

   Application to participate in LTCS scheme

   s 83Bins A2014-11 amdt 1.3

   Notice of claim

   s 84am A2014‑18 amdt 3.85

   Time for giving notice of claim—CTP insurer

   s 85am A2008‑54 s 4

   Time for giving notice of claim—nominal defendant

   s 86am A2008‑54 s 5

   Respondent to identify and notify others

   s 87am A2014‑18 amdt 3.101

   Preliminary response to claimant

   s 88am A2014‑18 amdt 3.101

   Response to notice of claim

   s 90am A2014‑18 amdt 3.86

   Contributor’s response

   s 94am A2014‑18 amdt 3.87, amdt 3.101; A2016‑18 amdt 3.205

   Noncomplying notice of claim may be complying notice of claim

   s 95am A2008‑54 ss 6-8

   What is a required document?

   s 102am A2015‑50 amdt 1.30

   Claimant to give documents and information to respondent

   s 104am A2014‑18 amdt 3.88, amdt 3.101; A2016‑18 amdt 3.206

   Respondent to give documents and information to claimant

   s 105am A2014‑18 amdt 3.89, amdt 3.101; A2016‑18 amdt 3.207

   Respondent to give documents and information to contributor

   s 106am A2014‑18 amdt 3.101

   Contributor to give documents to respondent

   s 107am A2014‑18 amdt 3.101

   Offence—failure to give document or information

   s 112am A2009‑16 amdt 1.8

   Offence—false or misleading statements

   s 116am A2009‑16 amdt 1.8

   Parties may jointly arrange for expert report

   s 118am A2014‑18 amdt 3.101

   Application—pt 4.6

   s 120Ains A2014-11 amdt 1.4

   What is rehabilitation?

   s 123am A2012‑48 s 15

   Respondent to give assessment of damages notice

   s 128am A2014‑18 amdt 3.101

   Reasonable and appropriate services—mediation

   s 130am A2015‑15 amdt 3.205

   Cost of rehabilitation services—mediation

   s 133am A2012‑48 s 16; A2015‑15 amdt 3.205

   Procedures before compulsory conference

   s 139am A2012‑48 ss 17-19; A2014‑18 amdt 3.90

   Mandatory final offers

   s 141am A2009‑16 s 35; A2012‑48 s 20; A2014‑18 amdt 3.91, amdt 3.101; A2014-11 amdt 1.5

   Timing of mandatory final offers

   s 143am A2012‑48 s 21

   Working out costs for mandatory final offers

   s 144sub A2009‑16 s 36

   am A2012‑48 s 22, s 23

   Court proceedings not to begin if mandatory final offer open

   s 145am A2012‑48 s 24

   Time limit—no compulsory conference

   s 148am A2012‑48 s 25, s 26

   Need for urgent proceeding

   s 150am A2015‑50 amdt 1.31, amdt 1.32

   Costs—small awards of damages—generally

   s 155am A2012‑48 ss 27-30; pars renum R13 LA

   Costs—small awards of damages—exceptions

   s 156am A2012‑48 s 27

   Costs—awards of damages over $50 000

   s 156Ains A2012‑48 s 31

   Damages for non‑economic loss

   pt 4.9A hdgins A2012‑48 s 32

   Meaning of non-economic loss

   s 156Bins A2012‑48 s 32

   Guidelines to assist determining non-economic loss

   s 156Cins A2012‑48 s 32

   Damages for treatment, care and support

   pt 4.9B hdgins A2014-11 amdt 1.6

   LTCS scheme participant—no damages etc for treatment, care and support

   s 156Dins A2014-11 amdt 1.6

   LTCS scheme foreign national participant—no damages etc for treatment, care and support

   s 156Eins A2016‑35 amdt 1.1

   Nominal defendant fund

   pt 4.10A hdg         ins A2009‑16 s 37

   Nominal defendant to pay motor accident claims from nominal defendant fund

   s 163A(prev s 65) am A2009‑16 s 28, s 29

   reloc and renum as s 163A A2009‑16 s 30

   Nominal defendant fund

   s 163B(prev s 66) am A2009‑16 s 31, s 32

   reloc and renum as s 163B A2009‑16 s 33

   Collections for nominal defendant fund

   s 163C(prev s 67) reloc and renum as s 163C A2009‑16 s 34

   CTP regulator must decide contribution for nominal defendant liability

   s 163Dins A2009‑16 s 37

   UVP liability contribution to be paid with unregistered vehicle permit

   s 163Eins A2009‑16 s 37

   Accounts for nominal defendant fund

   s 163Fins A2010‑36 s 7

   Audit of nominal defendant fund

   s 163Gins A2010‑36 s 7

   CTP insurer may recover costs if no authority to use vehicle

   s 169am A2009‑16 s 38

   Insurer may recover costs if motor vehicle defective

   s 172am A2009‑16 amdt 1.8

   Insurer may recover costs if fraud

   s 173am A2009‑16 amdt 1.8

   Nominal defendant may recover costs from responsible person or driver

   s 174sub A2009‑16 s 39

   am A2017‑21 s 76

   Nominal defendant may recover costs from rail transport operator

   s 174Ains A2017‑21 s 77

   Effect of payments under LTCS Act on limitation period

   s 176Ains A2014-11 amdt 1.7

   Extraterritorial operation

   s 177am A2011‑28 amdt 3.217

   Meaning of licensed insurer and former licensed insurer

   s 179sub A2014‑18 amdt 3.92

   Offence—unlicensed insurer issues CTP policy

   s 180am A2009‑16 amdt 1.8

   Offence—contravening licence condition

   s 188am A2009‑16 s 40

   Offence—unlicensed insurer contravening licence condition

   s 190am A2009‑16 amdt 1.8

   Grounds for licence suspension—contraventions

   s 194am A2009‑16 s 41, s 42

   Offence—issuing CTP policy if licence suspended

   s 197am A2009‑16 amdt 1.8

   Occupational discipline

   pt 5.4 hdgsub A2009‑16 s 43

   Meaning of licensed insurer—pt 5.4

   s 198sub A2009‑16 s 43

   CTP regulator may choose occupational discipline instead of prosecution

   s 199sub A2009‑16 s 43

   Grounds for occupational discipline

   s 200sub A2009‑16 s 43

   Applications to ACAT for occupational discipline

   s 201sub A2009‑16 s 43

   Occupational discipline orders

   s 202sub A2009‑16 s 43

   Offence—licensed insurer to keep accounts

   s 221am A2009‑16 amdt 1.8

   Offence—licensed insurer to provide returns

   s 222am A2009‑16 amdt 1.8

   Offence—licensed insurer to assist appointed auditor

   s 225am A2009‑16 amdt 1.8

   CTP regulator may ask for information etc

   s 227am A2014‑18 amdt 3.93

   Offence—insurer to give information and documents

   s 229am A2009‑16 amdt 1.8

   Court orders to protect policy holders

   s 232am A2014‑18 amdt 3.93

   Offence—contravene court order

   s 233am A2009‑16 amdt 1.8

   Offence—insurer to tell CTP regulator about grounds for suspension

   s 234am A2009‑16 amdt 1.8

   Offence—insurer to tell CTP regulator of decrease in issued capital

   s 235am A2009‑16 amdt 1.8

   Offence—insurer to tell CTP regulator of bidder’s statement or target’s statement

   s 236am A2009‑16 amdt 1.8

   Nominal defendant may recover from insolvent insurer

   s 242am A2009‑16 amdt 1.8

   Offence—liquidator to give motor accident claims to nominal defendant

   s 243am A2009‑16 amdt 1.8

   Offence—liquidator to give information etc to nominal defendant

   s 244am A2009‑16 amdt 1.8

   Offence—liquidator to allow inspection of documents

   s 245am A2009‑16 amdt 1.8

   Consent to entry

   s 252am A2010‑18 amdt 3.99

   General powers on entry to premises

   s 253am A2009‑16 amdt 1.8

   Warrants—application made other than in person

   s 256am A2018‑33 amdt 1.63, amdt 1.64

   Moving things to another place for examination or processing under search warrant

   s 261am A2015‑15 amdt 3.206

   Return of things seized

   s 263am A2009‑16 amdt 1.2, amdt 1.3; A2011‑22 amdt 1.394; A2015‑15 amdt 3.209

   Forfeiture of seized things

   s 264am A2011‑22 amdt 1.394; A2015‑15 amdt 3.209

   Application for order disallowing seizure

   s 265am A2011‑22 amdt 1.394; A2014‑18 amdt 3.101; A2015‑15 amdt 3.209

   Order for return of seized thing

   s 266am A2011‑22 amdt 1.394; A2015‑15 amdt 3.209

   Information to be provided by licensed insurers

   s 269am A2011‑28 amdt 3.217

   Exchange of information

   s 269Ains A2014-11 amdt 1.8

   CTP claims register

   s 270am A2014-11 amdt 1.9; ss renum R18 LA

   Who is the CTP regulator?

   s 273reloc and renum as s 14 A2009‑16 s 46

   Delegation of CTP regulator’s functions

   s 274om A2009‑16 s 47

   Review of Act

   s 275sub A2012‑48 s 33

   Approved forms

   s 276am A2011‑22 amdt 1.395; A2015‑15 amdt 3.209

   Regulation-making power

   s 277am A2009‑16 s 48, s 49, amdt 1.8

   Legislation amended‑sch 1

   s 278om LA s 89 (3)

   Legislation repealed

   s 279om LA s 89 (3)

   Transitional

   ch 9 hdgom R12 LA

   Transitional—Road Transport (Third-Party Insurance) Act 2008

   pt 9.1 hdgins A2009‑16 s 50

   om R12 LA

   Definitions—pt 9.1

   s 280 hdgsub A2009‑16 s 51

   s 280am A2009‑16 s 52

   exp 1 October 2009 (s 287)

   Transitional—personal injury claims

   s 281exp 1 October 2009 (s 287)

   Transitional—nominal defendant

   s 282exp 1 October 2009 (s 287)

   Transitional—premiums

   s 283exp 1 October 2009 (s 287)

   Transitional—authorised insurers

   s 284exp 1 October 2009 (s 287)

   Transitional—s 269

   s 285exp 1 October 2011 (s 285 (2))

   Transitional regulations

   s 286am A2009‑16 s 53

   exp 1 October 2009 (s 287)

   Modification—Road Transport (Public Passenger Services) Act 2001

   s 286Ains as mod SL2008‑37 s 103

   mod lapsed 5 July 2009 (SL2008‑37 s 103 om by A2009‑16 amdt 2.15)

   Expiry—pt 9.1

   s 287 hdgsub A2009‑16 s 54

   s 287am A2009‑16 s 55

   exp 1 October 2009 (s 287)

   Transitional—Road Transport (Third-Party Insurance) Amendment Act 2009

   pt 9.2 hdgins A2009‑16 s 56

   exp 5 July 2010 (s 290)

   Definitions—pt 9.2

   s 288ins A2009‑16 s 56

   exp 5 July 2010 (s 290)

   def commencement day ins A2009‑16 s 56

   exp 5 July 2010 (s 290)

   def former CTP provisions ins A2009‑16 s 56

   exp 5 July 2010 (s 290)

   def third-party policy ins A2009‑16 s 56

   exp 5 July 2010 (s 290)

   Transitional—personal injury claims

   s 289ins A2009‑16 s 56

   exp 5 July 2010 (s 290)

   Expiry—pt 9.2

   s 290ins A2009‑16 s 56

   exp 5 July 2010 (s 290)

   Transitional—Road Transport (Third-Party Insurance) Amendment Act 2012

   pt 9.3 hdgrenum as ch 10 hdg

   Transitional—Road Transport (Third-Party Insurance) Amendment Act 2012

   ch 10 hdg(prev pt 9.3 hdg) ins A2012‑48 s 33A (as ins A2012-49 s 5)

   exp 1 January 2014 (s 292)

   Personal injury

   s 291ins A2012‑48 s 33A (as ins A2012-49 s 5)

   exp 1 January 2014 (s 292)

   Expiry—ch 10

   s 292ins A2012‑48 s 33A (as ins A2012-49 s 5)

   exp 1 January 2014 (s 292)

   Transitional—Statute Law Amendment Act 2015 (No 2)

   ch 11 hdgins A2015‑50 amdt 1.33

   exp 9 December 2016 (s 295)

   Meaning of commencement day—ch 11

   s 293ins A2015‑50 amdt 1.33

   exp 9 December 2016 (s 295)

   Application of amendment—surveillance film

   s 294ins A2015‑50 amdt 1.33

   exp 9 December 2016 (s 295)

   Expiry—ch 11

   s 295ins A2015‑50 amdt 1.33

   exp 9 December 2016 (s 295)

   Consequential amendments

   sch 1om LA s 89 (3)

   Dictionary

   dictam A2009‑16 s 57; A2010‑18 amdt 1.28, amdt 3.100; A2013‑19 amdt 3.443; A2014‑18 amdt 3.94; A2017‑21 s 78

   def appointed auditor sub A2015‑15 amdt 3.207

   def assessed treatment and care needs ins A2014-11 amdt 1.10

   def business plan guidelines sub A2014‑18 amdt 3.95

   def credit card om A2014‑18 amdt 3.96

   def CTP regulator am A2009‑16 amdt 1.4

   def drive ins A2010‑18 amdt 3.101

   def drive a vehicle om A2010‑18 amdt 3.101

   def driver om A2010‑18 amdt 3.102

   def excluded treatment and care ins A2014-11 amdt 1.10

   def ground for disciplinary action om A2009‑16 s 58

   def ground for occupational discipline ins A2009‑16 s 58

   def licensed insurer am A2009‑16 s 59

   def LTCS Act ins A2014-11 amdt 1.10

   def LTCS commissioner ins A2014-11 amdt 1.10

   def LTCS scheme ins A2014-11 amdt 1.10

   def motor vehicle om A2010‑18 amdt 3.102

   def non-economic loss ins A2012‑48 s 34

   def nominal defendant am A2009‑16 amdt 1.5

   def nominal defendant fund am A2009‑16 amdt 1.6

   def occupier sub A2015‑15 amdt 3.208

   def owner om A2009‑16 s 60

   def participant ins A2014-11 amdt 1.10

   def possession om A2014‑18 amdt 3.96

   def rail transport operator ins A2017‑21 s 79

   def registered motor vehicle am A2009‑16 amdt 1.7

   def registered operator om A2014‑18 amdt 3.97

   def relevant claim information sub A2014‑18 amdt 3.98

   def required document sub A2014‑18 amdt 3.98

   def responsible person ins A2009‑16 s 61

   def ride om A2010‑18 amdt 3.102

   def rider om A2014‑18 amdt 3.99

   def road om A2014‑18 amdt 3.100

   def road related area om A2014‑18 amdt 3.100

   def road transport authority om A2010‑18 amdt 3.102

   def road transport legislation om A2010‑18 amdt 3.102

   def trader’s plate ins A2009‑16 s 61

   om A2014‑18 amdt 3.100

   def trailer om A2010‑18 amdt 3.102

   def treatment and care needs ins A2014-11 amdt 1.10

   def unregistered vehicle permit ins A2009‑16 s 61

   def UVP liability contribution ins A2009‑16 s 61

   def valid trader’s plate ins A2009‑16 s 61

2. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 23 Aug 2008	23 Aug 2008– 30 Sept 2008 (not in force)	A2008‑39	amendments by A2008‑39
R2 1 Oct 2008	1 Oct 2008– 16 Dec 2008	SL2008‑37	new Act and modifications by SL2008‑37
R3 17 Dec 2008	17 Dec 2008– 4 July 2009	A2008‑54	amendments by A2008‑54
R4 5 July 2009	5 July 2009– 1 Oct 2009	A2009‑16	amendments by A2009‑16
R5 2 Oct 2009	2 Oct 2009– 2 Mar 2010	A2009‑22	commenced expiry
R6 3 Mar 2010	3 Mar 2010– 2 June 2010	A2009‑22	amendments by A2009‑22
R7 3 June 2010	3 June 2010– 5 July 2010	A2010‑18	amendments by A2010‑18
R8* 6 July 2010	6 July 2010– 29 Sept 2010	A2010‑18	commenced expiry
R9 30 Sept 2010	30 Sept 2010– 30 June 2011	A2010‑36	amendments by A2010‑36
R10 1 July 2011	1 July 2011– 20 Sept 2011	A2011‑22	amendments by A2011‑22
R11 21 Sept 2011	21 Sept 2011– 1 Oct 2011	A2011‑28	amendments by A2011‑28
R12 2 Oct 2011	2 Oct 2011– 31 Dec 2012	A2011‑28	expiry of transitional provision (s 285)
R13 1 Jan 2013	1 Jan 2013– 13 June 2013	A2012‑49	amendments by A2012‑48 and A2012‑49
R14* 14 June 2013	14 June 2013– 1 Jan 2014	A2013‑19	amendments by A2013‑19
R15 2 Jan 2014	2 Jan 2014– 9 Feb 2014	A2013‑19	expiry of transitional provisions (ch 10)
R16 10 Feb 2014	10 Feb 2014– 9 June 2014	A2013‑52	amendments by A2013‑52
R17 10 June 2014	10 June 2014– 30 June 2014	A2014‑18	amendments by A2014‑18
R18 1 July 2014	1 July 2014– 2 June 2015	A2014-18	amendments by A2014-11
R19 3 June 2015	3 June 2015– 9 June 2015	A2015-16	amendments by A2015-16
R20 10 June 2015	10 June 2015– 8 Dec 2015	A2015-15	amendments by A2015-15
R21 9 Dec 2015	9 Dec 2015– 26 Apr 2016	A2015-50	amendments by A2015-50
R22 27 Apr 2016	27 Apr 2016– 21 June 2016	A2016‑18	amendments by A2016‑18
R23 22 June 2016	22 June 2016– 9 Dec 2016	A2016‑35	amendments by A2016‑35
R24 10 Dec 2016	10 Dec 2016– 30 June 2017	A2016‑35	expiry of transitional provisions (ch 11)
R25 1 July 2017	1 July 2017– 14 Aug 2017	A2017‑7	amendments by A2017‑7
R26 15 Aug 2017	15 Aug 2017– 10 Oct 2017	A2017‑21	amendments by A2017‑21
R27 11 Oct 2017	11 Oct 2017– 22 Oct 2018	A2017‑28	amendments by A2017‑28
R28 23 Oct 2018	23 Oct 2018– 18 Sept 2019	A2018‑33	amendments by A2018‑33
R29 19 Sept 2019	19 Sept 2019– 31 Jan 2020	A2019‑21	amendments by A2019‑21

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.