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TASMANIA
__________
MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) AMENDMENT BILL 2013
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 2 amended (Interpretation)
5. Section 2B inserted
2B. Meaning of "resident"
6. Section 23 amended (Liability to pay scheduled benefits)
7. Section 24 amended (Exclusions from scheduled benefits)
8. Section 27B amended (Board may require examination)
9. Section 28B amended (Recovery by Board of scheduled
benefits)
10. Repeal of Act
[Bill 60]-II
2
MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) AMENDMENT BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
15 October 2013
(Brought in by the Minister for Infrastructure, the Honourable
David James O'Byrne)
A BILL FOR
An Act to amend the Motor Accidents (Liabilities and
Compensation) Act 1973
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Motor Accidents
(Liabilities and Compensation) Amendment Act
2013.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 60] 3
Motor Accidents (Liabilities and Compensation) Amendment Act
2013
Act No. of
s. 3
3. Principal Act
In this Act, the Motor Accidents (Liabilities and
Compensation) Act 1973* is referred to as the
Principal Act.
4. Section 2 amended (Interpretation)
Section 2(1) of the Principal Act is amended as
follows:
(a) by inserting the following definitions
after the definition of funeral benefits:
interstate motor vehicle means a
motor vehicle that -
(a) is normally used by a
resident of another State
or a Territory in that State
or Territory; and
(b) is required under a law of
that State or Territory to
be registered;
interstate premium means a premium,
levy or other payment -
(a) that is required to be
made under the law of
another State or a
Territory in respect of the
use of an interstate motor
*No. 71 of 1973
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Motor Accidents (Liabilities and Compensation) Amendment Act
2013
Act No. of
s. 5
vehicle in that State or
Territory; and
(b) that substantially
corresponds, in its effect,
to a premium under this
Act;
(b) by inserting the following definitions
after the definition of regulations:
resident of another State or a
Territory has the meaning given
by section 2B(2);
resident of this State has the meaning
given by section 2B(1);
5. Section 2B inserted
After section 2A of the Principal Act, the
following section is inserted in Part I:
2B. Meaning of "resident"
(1) A person is a resident of this State only if
his or her ordinary place of residence is
in this State.
(2) A person is a resident of another State or
a Territory only if his or her ordinary
place of residence is in that other State or
that Territory.
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Motor Accidents (Liabilities and Compensation) Amendment Act
2013
Act No. of
s. 6
6. Section 23 amended (Liability to pay scheduled
benefits)
Section 23 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "a
person who is";
(b) by inserting the following subsection
after subsection (1):
(1AA) Despite subsection (1), the
benefits payable by the Board
under that subsection to a resident
of this State who suffers personal
injury resulting directly from a
motor accident that occurs in
another State or a Territory are
the prescribed benefits less any
benefits payable -
(a) to the person in respect of
that injury; and
(b) under the law of that other
State or Territory.
(c) by omitting subsection (2) and
substituting the following subsection:
(2) The Board must pay the medical
benefits and disability benefits,
and the benefits to family
members for counselling services,
prescribed by the regulations if a
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Motor Accidents (Liabilities and Compensation) Amendment Act
2013
Act No. of
s. 6
resident of another State or a
Territory suffers personal injury
resulting directly from a motor
accident and -
(a) the motor accident occurs
in this State; and
(b) the motor accident
involves an interstate
motor vehicle; and
(c) the injured person
requires daily care.
(d) by omitting from subsection (2A)
"Subsections (1) and (1A)" and
substituting "Subsections (1), (1A) and
(2)";
(e) by inserting the following subsection
after subsection (2B):
(2C) For the purposes of
subsection (2), a motor accident
involves an interstate motor
vehicle -
(a) whether or not the motor
vehicle's registration has
been suspended under a
law of the jurisdiction in
which it is registered; and
(b) if the personal injury
results directly from -
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Motor Accidents (Liabilities and Compensation) Amendment Act
2013
Act No. of
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(i) a collision, or
action taken to
avoid a collision,
with the motor
vehicle, whether
the vehicle is
stationary or
moving; or
(ii) the motor vehicle
moving out of
control; or
(iii) the driving of the
motor vehicle.
(f) by omitting from subsection (3)
"subsection (1) or (1A)," and substituting
"subsection (1), (1A) or (2),".
7. Section 24 amended (Exclusions from scheduled
benefits)
Section 24 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (e) in subsection (1):
(ea) where the injured person is a
resident of another State or a
Territory and the motor accident
results directly from the use of an
interstate motor vehicle -
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Motor Accidents (Liabilities and Compensation) Amendment Act
2013
Act No. of
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(i) that is a trail bike, farm
bike or beach buggy; and
(ii) in respect of which an
interstate premium is
required to be paid but
has not been paid -
and the injured person was the
owner or driver of that motor
vehicle;
(b) by inserting the following paragraph after
paragraph (g) in subsection (1):
(ga) where the injured person is a
resident of another State or a
Territory and the motor accident
results from the use of an
interstate motor vehicle, other
than a trailer of a kind prescribed
for the purposes of
section 29(1AA), and -
(i) at the time of the motor
accident an interstate
premium for the use of
the motor vehicle had not
been paid or an interstate
premium for the use of
that motor vehicle in the
circumstances, or under
the conditions in which
the motor vehicle was
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Motor Accidents (Liabilities and Compensation) Amendment Act
2013
Act No. of
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being used, had not been
paid; and
(ii) at the time of the motor
accident the injured
person -
(A) was the driver of
the interstate
motor vehicle and
knew or ought to
have known that
such an interstate
premium had not
been paid; or
(B) was the owner of
the interstate
motor vehicle;
(c) by inserting in subsection (3A)(a) "or a
law of another State or a Territory that
substantially corresponds to that section"
after "section 55 of the Monetary
Penalties Enforcement Act 2005".
8. Section 27B amended (Board may require
examination)
Section 27B(1) of the Principal Act is amended
by omitting "normally resident in a State or
Territory of the Commonwealth" from paragraph
(a) of the definition of consultant and
substituting "a resident of this State or a resident
of another State or a Territory".
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Motor Accidents (Liabilities and Compensation) Amendment Act
2013
Act No. of
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9. Section 28B amended (Recovery by Board of
scheduled benefits)
Section 28B(2)(b) of the Principal Act is
amended as follows:
(a) by inserting "or interstate premium" after
"accident a premium";
(b) by inserting "or interstate premium" after
"or a premium".
10. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 11