Road Transport (Third-Party Insurance) Amendment Act 2009 (ACT)

Case

Road Transport (Third-Party Insurance) Amendment Act 2009

A2009-16

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Legislation amended  2

  4. Sections 12 to 14  2

  5. What is an insured motor vehicle?


    Section 15  3

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


    Section 17 (2)  3

  7. Section 19  4

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


    Section 22 (2)  4

  9. Section 22 (2) (c)  4

  10. Section 23  5

  11. Section 26  6

  12. What is a registered motor vehicle?


    Section 30  6

  13. New section 30  7

  14. Section 32 heading  7

  15. Section 32  7

  16. Insurer on risk—period of registration


    Section 33 (1)  8

  17. Section 33 (2)  8

  18. Section 33 (3)  8

  19. New section 33 (3), note  8

  20. New sections 34A and 34B  9

  21. Section 36  9

  22. Section 59 heading  10

  23. Section 59 (as amended)  10

  24. New section 59  11

  25. What is an uninsured motor vehicle?


    Section 60 (1) (c)  12

  26. Nominal defendant may deal with motor accident claim


    Section 64 (1) (b), note, third dot point  13

  27. Section 64 (as amended)  13

  28. Nominal defendant to pay motor accident claims from nominal defendant fund


    New section 65 (1) (a)  13

  29. Section 65 (2), note  13

  30. Section 65 (as amended)  13

  31. Nominal defendant fund


    Section 66 (2)  14

  32. Section 66 (3) (a)  14

  33. Section 66 (as amended)  14

  34. Collections for nominal defendant fund


    Section 67  15

  35. Mandatory final offers


    Section 141, new note 2  15

  36. Section 144  15

  37. New part 4.10A  16

  38. CTP insurer may recover costs if no authority to use vehicle


    Section 169 (1) (b)  17

  39. Section 174  18

  40. Offence—contravening licence condition


    Section 188 (2), notes 1 and 2  19

  41. Grounds for licence suspension—contraventions


    Section 194 (1) (b)  19

  42. Section 194 (2), note 2  20

  43. Part 5.4  20

  44. Section 273 heading  22

  45. New section 273 (4)  22

  46. Section 273 (as amended)  22

  47. Delegation of CTP regulator’s functions


    Section 274  22

  48. Regulation-making power


    Section 277 (2) and note  23

  49. Section 277 (4)  23

  50. New part 9.1 heading  23

  51. Section 280 heading  23

  52. Section 280  23

  53. Section 286  24

  54. Section 287 heading  24

  55. Section 287  24

  56. New part 9.2  25

  57. Dictionary, note 2  26

  58. Dictionary, definition of ground for disciplinary action  26

  59. Dictionary, definition of licensed insurer, paragraph (b)  26

  60. Dictionary, definition of owner  27

  61. Dictionary, new definitions  27

Schedule 1Road Transport (Third-Party Insurance) Act 2008—Other amendments 28

Schedule 2Road Transport (Third-Party Insurance) Regulation 2008—Consequential amendments 31

Schedule 3Other amendments  39

Part 3.1Duties Act 1999  39

Part 3.2Road Transport (Offences) Regulation 2005                 40

Part 3.3Road Transport (Public Passenger Services) Act 2001    49

Part 3.4Road Transport (Vehicle Registration) Act 1999            50

Part 3.5Road Transport (Vehicle Registration) Regulation 2000     51

Road Transport (Third-Party Insurance) Amendment Act 2009

A2009-16

An Act to amend the Road Transport (Third-Party Insurance) Act 2008, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Road Transport (Third-Party Insurance) Amendment Act 2009.

  2. Commencement

    This Act commences on the 5th day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

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

    Note 1This Act also amends the Road Transport (Third-Party Insurance) Regulation 2008 (see sch 2).

    Note 2This Act also amends the following legislation (see sch 3):

    · Duties Act 1999

    · Road Transport (Offences) Regulation 2005

    ·     Road Transport (Public Passenger Services) Act 2001

    ·     Road Transport (Vehicle Registration) Act 1999

    ·     Road Transport (Vehicle Registration) Regulation 2000.

  4. Sections 12 to 14

    omit

  5. What is an insured motor vehicle?
    Section 15

    substitute

  6. 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.

  7. Offence—using uninsured motor vehicle on road or road related area
    Section 17 (2)

    substitute

    (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.

  8. Section 19

    substitute

  9. 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 trailer or anything else that—

    (i)is attached to a vehicle mentioned in paragraph (a) or (b); or

    (ii)becomes detached from a vehicle mentioned in paragraph (a) or (b) and runs out of control;

    (d)anything else prescribed by regulation.

  10. What risks are not covered by a CTP policy?
    Section 22 (2)

    omit

    the owner or driver of a motor vehicle

    substitute

    the responsible person for a motor vehicle, or the driver of a motor vehicle,

  11. Section 22 (2) (c)

    omit

    owner

    substitute

    responsible person

  12. Section 23

    substitute

  13. Who is the CTP insurer?

    In this Act:

    CTP insurer means—

    (a)for an insured motor vehicle—

    (i)that is a registered motor vehicle—the licensed insurer selected under section 28 (Selecting at first registration) or section 29 (Selecting at renewal of registration) as the CTP insurer for the motor vehicle; or

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

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

    (i)mentioned in section 19 (c) (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 (d)—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.

  14. Section 26

    substitute

  15. 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.

  16. What is a registered motor vehicle?
    Section 30

    relocate as section 12

  17. New section 30

    in part 2.3, insert

  18. Selecting when applying for trader’s plates

    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.

  19. Section 32 heading

    substitute

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

  21. Section 32

    omit

    a motor vehicle

    substitute

    a registered motor vehicle

  22. Insurer on risk—period of registration
    Section 33 (1)

    omit

    a motor vehicle

    substitute

    a registered motor vehicle

  23. Section 33 (2)

    omit

    if registration

    substitute

    if the registration

  24. Section 33 (3)

    omit

    A CTP insurer

    substitute

    The CTP insurer

  25. New section 33 (3), note

    insert

    NoteCancellation of CTP policies is dealt with in s 36.

  26. New sections 34A and 34B

    in part 2.4, insert

34ACTP policy takes effect on attachment of trader’s plate

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.

  1. Section 36

    substitute

  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).

  1. Section 59 heading

    substitute

  2. Who is the nominal defendant?

  3. Section 59 (as amended)

    relocate as section 13

  4. New section 59

    in part 2.7, insert

  5. 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.

  6. What is an uninsured motor vehicle?
    Section 60 (1) (c)

    substitute

    (c)includes anything else prescribed by regulation; but

    (d)does not include a motor vehicle for which an unregistered vehicle permit is in force.

  7. Nominal defendant may deal with motor accident claim
    Section 64 (1) (b), note, third dot point

    omit

    owner

    substitute

    responsible person

  8. Section 64 (as amended)

    relocate to part 4.1 as section 83A

  9. Nominal defendant to pay motor accident claims from nominal defendant fund
    New section 65 (1) (a)

    substitute

    (a)an amount payable in satisfaction of a motor accident claim made, or judgment obtained, under—

    (i)section 59 (Nominal defendant liable—unregistered vehicle permits); or

    (ii)section 61 (Nominal defendant liable—uninsured motor vehicle); or

    (iii)section 63 (Nominal defendant liable—unidentified motor vehicle); or

  10. Section 65 (2), note

    substitute

    NoteThe nominal defendant fund is established under s 163B.

  11. Section 65 (as amended)

    relocate to part 4.10A as section 163A

  12. Nominal defendant fund
    Section 66 (2)

    substitute

    (2)The following must be paid into the nominal defendant fund:

    (a)any penalties or penalty interest imposed under this Act;

    (b)amounts recovered by the nominal defendant under this Act;

    NoteThe nominal defendant may recover amounts under:

    ·s 172 (Insurer may recover costs if motor vehicle defective)

    ·s 173 (Insurer may recover costs if fraud)

    ·s 174 (Nominal defendant may recover costs from responsible person or driver)

    ·s 242 (Nominal defendant may recover from insolvent insurer).

    (c)amounts collected under section 163C;

    (d)UVP liability contributions paid under section 163E;

    (e)interest from time to time accruing from the investment of the nominal defendant fund;

    (f)amounts required to be paid into the nominal defendant fund under this or another Act.

  13. Section 66 (3) (a)

    omit

    section 65

    substitute

    section 163A

  14. Section 66 (as amended)

    relocate to part 4.10A as section 163B

  15. Collections for nominal defendant fund
    Section 67

    relocate to part 4.10A as section 163C

  16. Mandatory final offers
    Section 141, new note 2

    insert

    Note 2A mandatory final offer for $50 000 or less must be exclusive of any amount for costs (see s 144 (1)).

  17. Section 144

    substitute

  18. Working out costs for mandatory final offers

    (1)A mandatory final offer for $50 000 or less must be exclusive of any amount for costs.

    (2)If a mandatory final offer is for $50 000 or less but for more than $30 000, and is accepted, costs must be worked out and paid in the way prescribed by regulation.

    (3)If a mandatory final offer is for $30 000 or less, and is accepted, costs must be $0.

  19. New part 4.10A

    after section 163, insert

Part 4.10ANominal defendant fund

163DCTP regulator must decide contribution for nominal defendant liability

(1)The CTP regulator must decide an amount (the UVP liability contribution) to be paid to fund the present and likely future liability of the nominal defendant under this Act for claims in relation to unregistered vehicle permits.

(2)The CTP regulator must make guidelines for UVP liability contributions (UVP liability contribution guidelines).

(3)Without limiting subsection (2), the guidelines may provide for the following:

(a)how UVP liability contributions are to be worked out;

(b)the factors to be taken into account in working out UVP liability contributions.

(4)A UVP liability contributions guideline is a disallowable instrument.

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

163EUVP liability contribution to be paid with unregistered vehicle permit

If a person applies to the road transport authority for an unregistered vehicle permit for a motor vehicle, the person must also pay to the road transport authority the UVP liability contribution for the period of the permit.

Note 1Unregistered vehicle permits are issued under the Road Transport (Vehicle Registration) Act 1999, s 7.

Note 2UVP liability contributions paid to the road transport authority under this section must be paid into the nominal defendant fund (see s 163B).

  1. CTP insurer may recover costs if no authority to use vehicle
    Section 169 (1) (b)

    substitute

    (b)the CTP insured person was, at the time of the motor accident, using the motor vehicle—

    (i)without the authority of the responsible person for the vehicle; and

    (ii)without lawful justification or excuse; and

    (iii)without reasonable grounds for believing that the CTP insured person had the authority of the responsible person, or lawful justification or excuse, for using the motor vehicle.

  2. Section 174

    substitute

  3. Nominal defendant may recover costs from responsible person or driver

    (1)This section applies if personal injury is caused by a motor accident involving an uninsured motor vehicle or an unidentified motor vehicle.

    NoteThe nominal defendant is liable in relation to uninsured motor vehicles (see s 61), and unidentified motor vehicles (see s 63).

    (2)The nominal defendant may recover as a debt from the responsible person for the vehicle, or the driver of the vehicle, or both, any costs reasonably incurred by the nominal defendant for a motor accident claim for the personal injury.

    (3)It is a defence to a proceeding under this section against the responsible person for the vehicle if the responsible person proves that—

    (a)the motor vehicle was driven without the authority of the responsible person; or

    (b)the responsible person believed on reasonable grounds that the motor vehicle was insured.

    (4)It is a defence to a proceeding under this section against the driver for the driver to prove that the driver believed on reasonable grounds that—

    (a)the driver had the responsible person’s consent to drive the motor vehicle; and

    (b)the motor vehicle was insured.

    (5)The nominal defendant may bring a proceeding for recovery of costs under this section before the costs have been actually paid in full and, in that case, a judgment for recovery of costs may provide that, as far as the costs have not been actually paid, the right to recover the costs is contingent on payment.

    (6)This section does not affect a right of recovery that the nominal defendant may have, apart from this section, against the insured person.

    NoteAn amount recovered under this section must be paid into the nominal defendant fund (see s 163B).

  4. Offence—contravening licence condition
    Section 188 (2), notes 1 and 2

    substitute

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

    Note 2Contravention of a licence condition is also grounds for—

    ·     suspension of the CTP insurer licence (see s 194)

    ·     the CTP regulator to apply to the ACAT for an occupational discipline order in relation to the licensed insurer (see pt 5.4).

    However, if a licensed insurer is convicted of an offence under this section, the ACAT must not order the licensed insurer to pay an amount to the Territory or someone else in relation to the same act or omission (see s 202 (3)).

  1. Grounds for licence suspension—contraventions
    Section 194 (1) (b)

    substitute

    (b)a condition of the insurer’s CTP insurer licence; or

  2. Section 194 (2), note 2

    substitute

    Note 2The grounds in s (1) are also grounds for the CTP regulator to apply to the ACAT for an occupational discipline order in relation to the licensed insurer (see pt 5.4).

  3. Part 5.4

    substitute

Part 5.4Occupational discipline

  1. Meaning of licensed insurer—pt 5.4

    In this part:

    licensed insurer includes a former licensed insurer.

  2. CTP regulator may choose occupational discipline instead of prosecution

    In regulating the operation of licensed insurers, the CTP regulator may, but need not, choose to apply to the ACAT for an occupational discipline order in relation to licensed insurers rather than pursuing a prosecution under this Act if the CTP insurer believes on reasonable grounds it would be in the public interest to do so.

    NoteThe CTP regulator may apply to the ACAT under s 201.

  3. Grounds for occupational discipline

    (1)Each of the following is a ground for occupational discipline in relation to a licensed insurer:

    (a)the licensed insurer has contravened this Act;

    (b)the licensed insurer has contravened a condition of the insurer’s CTP insurer licence;

    (c)the licensed insurer has contravened the insurance industry deed;

    (d)the licensed insurer has contravened, or is contravening, an occupational discipline order;

    (e)the licensed insurer’s licence was obtained by fraud or mistake;

    (f)another ground prescribed by regulation.

    NoteA 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).

    (2)However, subsection (1) (a), (b) and (c) apply to a former licensed insurer only in relation to anything that happened while the person was licensed.

    NoteThe grounds in s (1) (a), (b) and (c) are also the grounds for licence suspension under s 194.

  4. Applications to ACAT for occupational discipline

    If the CTP regulator believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensed insurer, the CTP regulator may apply to the ACAT for an occupational discipline order in relation to the licensed insurer.

  5. Occupational discipline orders

    (1)This section applies if the ACAT may make an occupational discipline order in relation to a licensed insurer.

    NoteThe ACT Civil and Administrative Tribunal Act 2008, s 65 sets out when the ACAT may make an order.

    (2)In addition to any other occupational discipline order that the ACAT may make, the ACAT may require the licensed insurer to pay an amount to the Territory or someone else, of not more than—

    (a)if the licensed insurer is an individual—$10 000; or

    (b)if the licensed insurer is a corporation—$50 000.

    NoteThe ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other occupational discipline orders the ACAT may make.

    (3)However, if a licensed insurer is convicted of an offence under section 188 (Offence—contravening licence condition) in relation to an act or omission, the ACAT must not make an occupational discipline order requiring the licensed insurer to pay an amount to the Territory or someone else in relation to the same act or omission.

    (4)If the ACAT orders a licensed insurer to pay an amount, the amount must be paid into the nominal defendant fund.

  6. Section 273 heading

    substitute

  7. Who is the CTP regulator?

  8. New section 273 (4)

    insert

    (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.

  9. Section 273 (as amended)

    relocate as section 14

  10. Delegation of CTP regulator’s functions
    Section 274

    omit

  11. Regulation-making power
    Section 277 (2) and note

    substitute

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

    NoteThe CTP premium board is established in s 47.

  12. Section 277 (4)

    omit

  13. New part 9.1 heading

    insert

Part 9.1Transitional—Road Transport (Third-Party Insurance) Act 2008

  1. Section 280 heading

    substitute

  2. Definitions—pt 9.1

  3. Section 280

    omit

    chapter

    substitute

    part

  4. Section 286

    omit

    chapter

    substitute

    part

  5. Section 287 heading

    substitute

  6. Expiry—pt 9.1

  7. Section 287

    omit

    chapter

    substitute

    part

  8. New part 9.2

    after section 287, insert

Part 9.2Transitional—Road Transport (Third-Party Insurance) Amendment Act 2009

  1. Definitions—pt 9.2

    In this part:

    commencement day means the day the Road Transport (Third‑Party Insurance) Amendment Act 2009, section 3 commences.

    former CTP provisions means the Road Transport (Third-Party Insurance) Act 2008 as in force immediately before the commencement day.

    Note 1A 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).

    Note 2    Under the Road Transport (Third-Party Insurance) Regulation 2008, s 101, the Road Transport (General) Act 1999, part 10 (repealed) as in force immediately before the commencement day continues to apply in relation to trader’s plates as if the Road Transport (Third-Party Insurance) Act 2008 had not been enacted.

    third-party policy means an insurance policy issued under the former CTP provisions.

  2. Transitional—personal injury claims

    (1)This section applies to a third-party policy, for a motor vehicle with a valid trader’s plate attached, that was in force immediately before the commencement day.

    (2)The third-party policy continues in force until the earlier of the following:

    (a)the policy is replaced by a CTP insurance policy;

    (b)the motor vehicle no longer has a valid trader’s plate attached.

    (3)If personal injury arises out of a motor vehicle accident that happened before the commencement day, a claim for the personal injury must be dealt with as if the Road Transport (Third-Party Insurance) Amendment Act 2009 had not been enacted.

    (4)To remove any doubt, if personal injury arises out of a motor vehicle accident that happens on or after the commencement day, a claim for the personal injury must be dealt with under this Act, even if the accident happens while a third-party policy under the former CTP provisions is in force in relation to the risk.

  3. Expiry—pt 9.2

    This part expires 1 year after the commencement day.

  4. Dictionary, note 2

    insert

    ·     ACAT

    ·     occupational discipline order

  5. Dictionary, definition of ground for disciplinary action

    substitute

    ground for occupational discipline—see section 200.

  6. Dictionary, definition of licensed insurer, paragraph (b)

    substitute

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

  7. Dictionary, definition of owner

    omit

  8. Dictionary, new definitions

    insert

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

    trader’s plate—see the Road Transport (Vehicle Registration) Act 1999, dictionary.

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

    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).


Schedule 1Road Transport (Third-Party Insurance) Act 2008—Other amendments

(see s 3)

[1.1]Section 17, note

omit

s 66

substitute

s 163B

[1.2]Section 263 (c)

omit

Magistrates Court Act 1930, section 132

substitute

Road Transport (General) Act 1999, section 51

[1.3]Section 263 (c) (i)

omit

section 132

substitute

section 51

[1.4]Dictionary, definition of CTP regulator

omit

section 273

substitute

section 14

[1.5]Dictionary, definition of nominal defendant

omit

section 59

substitute

section 13

[1.6]Dictionary, definition of nominal defendant fund

omit

section 66

substitute

section 163B

[1.7]Dictionary, definition of registered motor vehicle

omit

section 30

substitute

section 12

[1.8]Further amendments, mentions of s 66

omit

s 66

substitute

s 163B

in

·     section 112, note

·     section 116, note

·     section 172, note

·     section 173, note

·     section 180, note

·     section 190, note

·     section 197, note

·     section 221, note

·     section 222, note

·     section 225, note

·     section 229, note

·     section 233, note

·     section 234, note

·     section 235, note

·     section 236, note

·     section 242, note

·     section 243, note

·     section 244, note

·     section 245, note

·     section 253, note

·     section 277 (3), note 1


Schedule 2Road Transport (Third-Party Insurance) Regulation 2008—Consequential amendments

(see s 3)

[2.1]Section 8, definition of CTP premium class, paragraph (a)

substitute

(a)a kind of motor vehicle or trader’s plate mentioned in column 2 for the item; and

[2.2]Sections 10 to 13

substitute

  1. CTP premium if vehicle or plate in multiple classes

    (1)This section applies if a motor vehicle or trader’s plate fits into 2 or more CTP premium classes.

    (2)The maximum CTP premium payable for a CTP policy for the vehicle or plate is the higher of the maximum premiums that apply to the vehicle or plate.

  2. CTP premiums for policies for less than 1 year

    (1)This section applies if a person—

    (a)registers a motor vehicle for less than 1 year; or

    (b)renews the registration of a motor vehicle for less than 1 year; or

    (c)is issued with a trader’s plate for less than 1 year.

    NoteA CTP premium for a CTP policy must be paid when—

    (a)registering a vehicle (see Act, s 28); and

    (b)renewing the registration of a vehicle (see Act, s 29); and

    (c)when applying for a trader’s plate (see Act, s 30).

    (2)The maximum CTP premium payable for a CTP policy for the vehicle or plate must be worked out in accordance with the CTP premium guidelines.

  3. Additional CTP premium payable if change in construction or use of vehicle

    (1)This section applies if—

    (a)a CTP premium (the original premium) has been paid for a CTP policy for a motor vehicle; and

    (b)a change is made in the construction or use of the motor vehicle; and

    (c)because of the change, a higher CTP premium than the original premium would be payable if a new CTP policy were issued for the motor vehicle.

    (2)The owner of the motor vehicle is liable to pay an additional CTP premium, starting on the day the change happens, worked out in accordance with the CTP premium guidelines.

[2.3]Section 15 heading

omit

s 67 (1)

substitute

s 163C (1)

[2.4]Section 15

omit

section 67 (1)

substitute

section 163C (1)

[2.5]Section 15 (as amended)

relocate to part 6 as section 30A

[2.6]Section 16 heading

omit

s 67 (1) (b)

substitute

s 163C (1) (b)

[2.7]Section 16 (1)

omit

section 67 (2)

substitute

section 163C (2)

[2.8]Section 16 (as amended)

relocate to part 6 as section 30B

[2.9]Section 17 heading

omit

s 67 (1) (b)

substitute

s 163C (1) (b)

[2.10]Section 17 (1)

omit

section 16

substitute

section 30B

[2.11]Section 17 (as amended)

relocate to part 6 as section 30C

[2.12]Section 18 heading

omit

s 67 (1) (b)

substitute

s 163C (1) (b)

[2.13]Section 18 (as amended)

relocate to part 6 as section 30D

[2.14]Section 32 (5), definition of required further claim details, paragraphs (b) and (c)

substitute

(b)the make, model, type and year of manufacture of each motor vehicle involved in the motor accident for the claim;

(ba)for each registered motor vehicle involved in the motor accident for the claim—the registration number of the motor vehicle;

(bb)for each motor vehicle with a valid trader’s plate attached that is involved in the motor accident for the claim—the unique identifying number on the trader’s plate;

(c)the name and address of—

(i)the responsible person for each motor vehicle involved in the motor accident for the claim; and

(ii)the driver of each motor vehicle involved in the motor accident for the claim;

[2.15]Part 20

omit

[2.16]Schedule 1, clause 1.1, definition of any other vehicle

substitute

any other vehicle means a vehicle that—

(a)must be registered under the Road Transport (Vehicle Registration) Act 1999; and

(b)is not a vehicle mentioned in part 1.2, table.

[2.17]Schedule 1, clause 1.1, definition of business use

substitute

business use—a vehicle, or trader’s plate is for business use if there is an entitlement to claim an input tax credit in relation to the CTP policy for the vehicle or plate.

[2.18]Schedule 1, clause 1.1, definition of private use

substitute

private use—a vehicle, or trader’s plate, is for private use if there is no entitlement to claim an input tax credit in relation to the CTP policy for the vehicle or plate.

[2.19]Schedule 1, part 1.2, column 2 heading

substitute

column 2

kind of motor vehicle or trader’s plate

[2.20]Schedule 1. part 1.2, items 17.1 to 20.2

substitute

17.1 trader’s plate private
17.2 trader’s plate business
18.1 undertaker’s vehicle private
18.2 undertaker’s vehicle business
19.1 veteran vehicle private
19.2 veteran vehicle business
20.1 vintage vehicle private
20.2 vintage vehicle business
21.1 any other vehicle private
21.2 any other vehicle business

[2.21]Schedule 20

omit

[2.22]Dictionary, note 3

omit

·     CTP regulator (see s 273)

substitute

·     CTP regulator (see s 14)

[2.23]Dictionary, note 3

omit

·     nominal defendant (see s 59)

substitute

·     nominal defendant (see s 13)

[2.24]Dictionary, note 3

insert

·     trader’s plate

·     unregistered vehicle permit

·     valid trader’s plate

[2.25]Dictionary, definition of collection notice

omit

section 17

substitute

section 30C

[2.26]Dictionary, definition of due date

omit

section 17

substitute

section 30C

[2.27]Dictionary, definition of prescribed person

omit

section 15

substitute

section 30A

Schedule 3Other amendments

(see s 3)

Part 3.1Duties Act 1999

[3.1]Section 175, definition of third-party insurance, new example

insert

Example

Third-party insurance under the Road Transport (Third-Party Insurance) Act 2008.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 3.2Road Transport (Offences) Regulation 2005

[3.2]Schedule 1, part 1.10, new items 26A and 26B

insert

26A 111 (1) accredited operator not maintain required public passenger vehicle policy 50 494
26B 112 (2) accredited operator not produce evidence public passenger vehicle policy in force 20

[3.3]Schedule 1, part 1.13A

substitute

Part 1.13ARoad Transport (Third-Party Insurance) Act 2008

column 1

item

column 2

offence provision and, if relevant, case

column 3

short description

column 4

offence penalty (pu)

column 5

infringement penalty ($)

column 6

demerit points
1 17 (1) use uninsured motor vehicle on road or road related area 50 484
2 112 party not give document/information as required 100
3 116 (1) knowingly make false/misleading statement 100pu/1 year prison/both
4 116 (2) recklessly make false/misleading statement 50pu/ 6 months prison/both
5 180 (1) issue CTP policy while not licensed insurer 100
6 180 (2) purport to issue CTP policy while not licensed insurer 100
7 188 licensed insurer contravene condition of CTP insurer license 100
8 190 engage in conduct that would, if licensed insurer, contravene condition of CTP insurer licence 100
9 197 licensed insurer issue CTP policy while license suspended 100
10 221 (1) (a) licensed insurer not keep records prescribed by regulation 100
11 221 (1) (b) licensed insurer not keep records directed by CTP regulator 100
12 222 (1) (a) licensed insurer not give records prescribed by regulation to CTP regulator 100
13 222 (1) (b) licensed insurer not give records directed by CTP regulator to CTP regulator 100
14 222 (2) (a) licensed insurer not give returns as prescribed by regulation 100
15 222 (2) (b) licensed insurer not give returns as directed by CTP regulator 100
16 222 (3) (a) licensed insurer not include in return details prescribed by regulation 100
17 222 (3) (b) licensed insurer not include in return details directed by CTP regulator 100
18 222 (4) (a) licensed insurer not include with return document prescribed by regulation 100
19 222 (4) (b) licensed insurer not include with return document directed by CTP regulator 100
20 222 (5) (a) licensed insurer not give return to CTP regulator not later than 6 weeks after end of quarter 100
21 222 (5) (b) licensed insurer not give return to CTP regulator not later than other stated time 100
22 225 licensed insurer not provide all reasonable assistance requested by auditor 100
23 229 (1) licensed insurer/former licensed insurer not comply with request for information etc 100
24 233 contravene court order made to protect interests of CTP policy holders 20 pu/ 6 months prison/both
25 234 licensed insurer/former licensed insurer not tell CTP regulator about event/thing in writing within 21 days 100
26 235 licensed insurer not tell CTP regulator about decrease/proposed decrease in issued capital of the insurer in writing within 21 days 100
27 236 (1) licensed insurer not tell CTP regulator about receiving bidder’s statement or target’s statement in writing within 21 days 100
28 243 liquidator of insolvent insurer not give motor accident claim about CTP policy issued by insolvent insurer to nominal defendant 20
29 244 liquidator of insolvent company not give information to nominal defendant within 45 days after request 20
30 245 liquidator of insolvent insurer not allow person authorised by Minister to inspect documents within 45 days after request 20
31 253 (2) not take all reasonable steps to comply with requirement of authorised person 50
32 269 (3) licensed insurer not give CTP regulator periodic return/information required by CTP regulator 150
33 271 (2) (a) make record of protected information about someone else 50pu/ 6 months prison/both
34 271 (2) (b) divulge protected information about someone else 50pu/ 6 months prison/both

Part 1.13BRoad Transport (Third-Party Insurance) Regulation 2008

column 1

item

column 2

offence provision and, if relevant, case

column 3

short description

column 4

offence penalty (pu)

column 5

infringement penalty ($)

column 6

demerit points
1 30D licensed insurer not pay amount in collection notice on/before due date 20

Part 3.3Road Transport (Public Passenger Services) Act 2001

[3.4]New part 8A

insert

Part 8AAdditional public passenger vehicle insurance

  1. Definitions—pt 8A

    In this part:

    accredited operator, of a public passenger vehicle, means a person who is accredited to operate the public passenger service for which the vehicle is operated.

    public passenger vehicle policy means a policy that—

    (a)is issued (or renewed) by a corporation authorised under the Insurance Act 1973 (Cwlth); and

    (b)insures the accredited operator of the public passenger vehicle to which the policy applies against liability in relation to damage to property caused by, or arising out of the use of, the vehicle anywhere in Australia (whether or not on a road or road related area).

  1. Public passenger vehicle insurance compulsory

    (1)The accredited operator of a public passenger vehicle commits an offence if—

    (a)the accredited operator operates the public passenger vehicle; and

    (b)there is no public passenger vehicle policy for at least $5 000 000 for the vehicle.

    Maximum penalty:  50 penalty units.

    (2)To remove any doubt, it is irrelevant that a public passenger vehicle policy also insures the accredited operator against other risks.

  2. Police officer or authorised person may require evidence of public passenger vehicle insurance

    (1)A police officer or authorised person may require the accredited operator of a public passenger vehicle to produce evidence that a public passenger vehicle policy is in force for the vehicle.

    (2)The accredited operator must not fail to produce the evidence when required to do so.

    Maximum penalty:  20 penalty units.

    (3)It is a defence to an offence against subsection (2) if—

    (a)the accredited operator has a reasonable excuse for failing to produce the evidence when required to do so; and

    (b)within 3 days after being required to produce the evidence, produces the evidence at a place prescribed by regulation or as directed by the police officer or authorised person.

Part 3.4Road Transport (Vehicle Registration) Act 1999

[3.5]Section 7 (d), new note

insert

NoteIf a person applies to the road transport authority for an unregistered vehicle permit, the person must, in addition to any fee for the permit, pay the UVP liability contribution for the period of the permit (see the Road Transport (Third-Party Insurance) Act 2008, s 163E).

[3.6]Section 31

substitute

  1. Vehicles with unregistered vehicle permits taken to be registered

    (1)If an unregistered vehicle permit is in force for an unregistered registrable vehicle, the vehicle is taken to be a registered vehicle for—

    (a)this Act; and

    (b)any other law about the registration or licensing of vehicles.

    NoteA 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).

    (2)However, subsection (1) does not apply to the Road Transport (Third-Party Insurance) Act 2008.

Part 3.5Road Transport (Vehicle Registration) Regulation 2000

[3.7]Section 88 (1), new note

insert

NoteIf a person applies to the road transport authority for a trader’s plate, the person must also select a CTP insurer for a CTP policy for motor vehicles to which the trader’s plate may be attached and pay the CTP premium for the CTP policy (see the Road Transport (Third-Party Insurance) Act 2008, s 30).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 2 April 2009.

  2. Notification

    Notified under the Legislation Act on 30 June 2009.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Road Transport (Third-Party Insurance) Amendment Bill 2009, which was passed by the Legislative Assembly on 18 June 2009.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2009

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