Road Transport (Third-Party Insurance) Amendment Regulation 2017 (No 2) (ACT)

Case

Road Transport (Third‑Party Insurance) Amendment Regulation 2017 (No 2)

Subordinate Law SL2017-19

The Australian Capital Territory Executive makes the following regulation under the Road Transport (Third-Party Insurance) Act 2008.

Dated 7 July 2017.

Andrew Barr

Minister

Yvette Berry

Minister

Road Transport (Third‑Party Insurance) Amendment Regulation 2017 (No 2)

Subordinate Law SL2017-19

made under the

Road Transport (Third-Party Insurance) Act 2008

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            Section 8  1

5            Section 10, new example and note  2

6            Schedule 1, section 1.1, definition of any other vehicle  2

7           Schedule 1, section 1.1, definition of bus, paragraph (c)  2

8            Schedule 1, section 1.1, definition of business use  2

9            Schedule 1, section 1.1, new definition of car rental service                 2

10          Schedule 1, section 1.1, definition of drive-yourself hire vehicle             2

11          Schedule 1, section 1.1, new definition of drive-yourself vehicle             3

12          Schedule 1, section 1.1, definitions of general hire car and input tax credit 3

13          Schedule 1, section 1.1, new definition of input tax credit entitlement       3

14          Schedule 1, section 1.1, definition of passenger vehicle, paragraphs (d) to (i)   3

15          Schedule 1, section 1.1, new definitions  4

16          Schedule 1, section 1.1, definition of private use  4

17          Schedule 1, part 1.2  4

18          Dictionary, note 4  8

19          Dictionary, new definition of input tax credit  8

  1. Name of regulation

    This regulation is the Road Transport (Third‑Party Insurance) Amendment Regulation 2017 (No 2).

  2. Commencement

    This regulation commences on the 14th 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 regulation amends the Road Transport (Third-Party Insurance) Regulation 2008.

  4. Section 8

    substitute

  5. Meaning of CTP premium class—pt 3

    In this part:

    CTP premium class means a class mentioned in an item in schedule 1, part 1.2, consisting of—

    (a)a class number mentioned in column 2 for the item; and

    (b)a kind of motor vehicle or trader’s plate mentioned in column 3 for the item; and

    (c)a case (if any) mentioned in column 4 for the item; and

    (d)an entitlement to an input tax credit mentioned in column 5 for the item.

  6. Section 10, new example and note

    insert

    Example

    Phillipe uses his ute for car sharing. This means the ute fits into both CTP premium class 3 (goods vehicle) and class 25B (personal share vehicle). If the CTP premium is higher for class 25B than class 3, Phillipe must pay the class 25B premium.

    NoteAn example is part of the regulation, 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).

  7. Schedule 1, section 1.1, definition of any other vehicle

    omit

  8. Schedule 1, section 1.1, definition of bus, paragraph (c)

    substitute

    (c)a private hire car; or

  9. Schedule 1, section 1.1, definition of business use

    omit

  10. Schedule 1, section 1.1, new definition of car rental service

    insert

    car rental service means a business operating a fleet of 5 or more motor vehicles, under common ownership or management, for hire.

  11. Schedule 1, section 1.1, definition of drive-yourself hire vehicle

    omit

  12. Schedule 1, section 1.1, new definition of drive-yourself vehicle

    insert

    drive-yourself vehicle—

    (a)means a motor vehicle let for hire, without the services of a driver, by a car rental service; but

    (b)does not include a motor vehicle let for hire under a lease or hire-purchase agreement.

  13. Schedule 1, section 1.1, definitions of general hire car and input tax credit

    omit

  14. Schedule 1, section 1.1, new definition of input tax credit entitlement

    insert

    input tax credit entitlement means an entitlement to an input tax credit for the CTP premium for a CTP policy.

  15. Schedule 1, section 1.1, definition of passenger vehicle, paragraphs (d) to (i)

    substitute

    (d)a drive-yourself vehicle;

    (e)a motorcycle;

    (f)a police vehicle;

    (g)a private hire car;

    (h)a rideshare vehicle;

    (i)a personal share vehicle;

    (j)a taxi.

  16. Schedule 1, section 1.1, new definitions

    insert

    personal share vehicle—

    (a)means a passenger vehicle, a goods vehicle with a GVM not over 4.5t or a motorcycle let for hire without the services of a driver; but

    (b)does not include a vehicle let for hire by a car rental service.

    private hire car means a hire car that is not a restricted hire car.

  17. Schedule 1, section 1.1, definition of private use

    omit

  18. Schedule 1, part 1.2

    substitute

Part 1.2CTP premium classes

column 1

item

column 2

class number

column 3

kind of motor vehicle or trader’s plate

column 4

case (if any)

column 5

input tax credit entitlement
1 1 passenger vehicle not entitled
2 1 passenger vehicle entitled
3 3 goods vehicle GVM not over 4.5t not entitled
4 3 goods vehicle GVM not over 4.5t entitled
5 4 goods vehicle GVM over 4.5t not entitled
6 4 goods vehicle GVM over 4.5t entitled
7 5A bus or demand responsive service vehicle vehicle has seating for more than 16 adults (including driver) not entitled
8 5A bus or demand responsive service vehicle vehicle has seating for more than 16 adults (including driver) entitled
9 5B bus or demand responsive service vehicle vehicle has seating for not more than 16 adults (including driver) not entitled
10 5B bus or demand responsive service vehicle vehicle has seating for not more than 16 adults (including driver) entitled
11 6 taxi not entitled
12 6 taxi entitled
13 7 private hire car not entitled
14 7 private hire car entitled
15 8 drive-yourself vehicle not entitled
16 8 drive-yourself vehicle entitled
17 9A motorcycle engine capacity over 600cc not entitled
18 9A motorcycle engine capacity over 600cc entitled
19 9B motorcycle engine capacity over 300cc but not over 600cc not entitled
20 9B motorcycle engine capacity over 300cc but not over 600cc entitled
21 9C motorcycle engine capacity not over 300cc not entitled
22 9C motorcycle engine capacity not over 300cc entitled
23 9D motorcycle electrically powered motor not entitled
24 9D motorcycle electrically powered motor entitled
25 10 firefighting vehicle not entitled
26 10 firefighting vehicle entitled
27 11 undertaker’s vehicle not entitled
28 11 undertaker’s vehicle entitled
29 12 breakdown vehicle not entitled
30 12 breakdown vehicle entitled
31 14 miscellaneous vehicle not entitled
32 14 miscellaneous vehicle entitled
33 15 primary producer’s tractor not entitled
34 15 primary producer’s tractor entitled
35 16 mobile crane not entitled
36 16 mobile crane entitled
37 17 trader’s plate to be attached to a motorcycle not entitled
38 17 trader’s plate to be attached to a motorcycle entitled
39 18 trader’s plate to be attached to a motor vehicle other than a motorcycle not entitled
40 18 trader’s plate to be attached to a motor vehicle other than a motorcycle entitled
41 18D trader’s plate to be attached to a registrable vehicle other than a motor vehicle not entitled
42 18D trader’s plate to be attached to a registrable vehicle other than a motor vehicle entitled
43 19 veteran vehicle not entitled
44 19 veteran vehicle entitled
45 20 vintage vehicle not entitled
46 20 vintage vehicle entitled
47 21 historic vehicle not entitled
48 21 historic vehicle entitled
49 22 ambulance not entitled
50 22 ambulance entitled
51 23 police vehicle not entitled
52 23 police vehicle entitled
53 25A rideshare vehicle not entitled
54 25A rideshare vehicle entitled
55 25B personal share vehicle not entitled
56 25B personal share vehicle entitled

  1. Dictionary, note 4

    insert

    ·     registrable vehicle

  2. Dictionary, new definition of input tax credit

    insert

    input tax credit—see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), section 195-1 (Dictionary).

Endnotes

  1. Notification

    Notified under the Legislation Act on 13 July 2017.

  2. Republications of amended laws

    For the latest republication of amended laws, see align="center">© Australian Capital Territory 2017

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