2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Treasurer)
Road Transport (Third-Party Insurance) Amendment Bill 2009

    
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 1	Road Transport (Third-Party Insurance) Act 2008—Other amendments	28
Schedule 2	Road Transport (Third-Party Insurance) Regulation 2008—Consequential amendments	31
Schedule 3	Other amendments	39
Part 3.1	Duties Act 1999	39
Part 3.2	Road Transport (Offences) Regulation 2005	40
Part 3.3	Road Transport (Public Passenger Services) Act 2001	49
Part 3.4	Road Transport (Vehicle Registration) Act 1999	50
Part 3.5	Road Transport (Vehicle Registration) Regulation 2000	51

2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Treasurer)
Road Transport (Third-Party Insurance) Amendment Bill 2009

A Bill for
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.
Note	The 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 1	This Act also amends the Road Transport (Third-Party Insurance) Regulation 2008 (see sch 2).
Note 2	This 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.
4	Sections 12 to 14
omit
5	What is an insured motor vehicle?
Section 15
substitute
15	What is an insured motor vehicle?
In this Act:
insured motor vehicle means a motor vehicle, or other thing, insured under a CTP policy.
Note	The motor vehicles and other things insured under a CTP policy are mentioned in s 19.
6	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.
7	Section 19
substitute
19	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.
8	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,
9	Section 22 (2) (c)
omit
owner
substitute
responsible person
10	Section 23
substitute
23	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.
11	Section 26
substitute
26	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.
Note	Registration 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.
Note	A 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.
12	What is a registered motor vehicle?
Section 30
relocate as section 12
13	New section 30
in part 2.3, insert
30	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 1	The road transport authority may issue a trader’s plate to a person under the Road Transport (Vehicle Registration) Regulation 2000, s 88.
Note 2	CTP premiums must be decided in accordance with pt 2.6.
14	Section 32 heading
substitute
32	CTP policy in effect while insurer on risk—registered motor vehicles
15	Section 32
omit
a motor vehicle
substitute
a registered motor vehicle
16	Insurer on risk—period of registration
Section 33 (1)
omit
a motor vehicle
substitute
a registered motor vehicle
17	Section 33 (2)
omit
if registration
substitute
if the registration
18	Section 33 (3)
omit
A CTP insurer
substitute
The CTP insurer
19	New section 33 (3), note
insert
Note	Cancellation of CTP policies is dealt with in s 36.
20	New sections 34A and 34B
in part 2.4, insert
34A	CTP 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.
34B	CTP 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.
Note	Cancellation of CTP policies is dealt with in s 36A.
21	Section 36
substitute
36	CTP policy cancellation—registered vehicles
A CTP policy for a registered motor vehicle is cancelled if the registration of the motor vehicle is cancelled.
36A	CTP 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).
22	Section 59 heading
substitute
59	Who is the nominal defendant?
23	Section 59 (as amended)
relocate as section 13
24	New section 59
in part 2.7, insert
59	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.
Note	Motor 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.
Note	CTP 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
Note	The 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.
Note	The nominal defendant is also not liable for the risks mentioned in s 22.
25	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.
26	Nominal defendant may deal with motor accident claim
Section 64 (1) (b), note, third dot point
omit
owner
substitute
responsible person
27	Section 64 (as amended)
relocate to part 4.1 as section 83A
28	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
29	Section 65 (2), note
substitute
Note	The nominal defendant fund is established under s 163B.
30	Section 65 (as amended)
relocate to part 4.10A as section 163A
31	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;
Note	The 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.
32	Section 66 (3) (a)
omit
section 65
substitute
section 163A
33	Section 66 (as amended)
relocate to part 4.10A as section 163B
34	Collections for nominal defendant fund
Section 67
relocate to part 4.10A as section 163C
35	Mandatory final offers
Section 141, new note 2
insert
Note 2	A mandatory final offer for $50 000 or less must be exclusive of any amount for costs (see s 144 (1)).
36	Section 144
substitute
144	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.
37	New part 4.10A
after section 163, insert
Part 4.10A	Nominal defendant fund
163D	CTP 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.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
163E	UVP 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 1	Unregistered vehicle permits are issued under the Road Transport (Vehicle Registration) Act 1999, s 7.
Note 2	UVP liability contributions paid to the road transport authority under this section must be paid into the nominal defendant fund (see s 163B).
38	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.
39	Section 174
substitute
174	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.
Note	The 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.
Note	An amount recovered under this section must be paid into the nominal defendant fund (see s 163B).
40	Offence—contravening licence condition
Section 188 (2), notes 1 and 2
substitute
Note 1	Penalties imposed under this Act must be paid into the nominal defendant fund (see s 163B).
Note 2	Contravention 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)).
41	Grounds for licence suspension—contraventions
Section 194 (1) (b)
substitute
	(b)	a condition of the insurer’s CTP insurer licence; or
42	Section 194 (2), note 2
substitute
Note 2	The 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).
43	Part 5.4
substitute
Part 5.4	Occupational discipline
198	Meaning of licensed insurer—pt 5.4
In this part:
licensed insurer includes a former licensed insurer.
199	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.
Note	The CTP regulator may apply to the ACAT under s 201.
200	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.
Note	A 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.
Note	The grounds in s (1) (a), (b) and (c) are also the grounds for licence suspension under s 194.
201	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. 
202	Occupational discipline orders 
	(1)	This section applies if the ACAT may make an occupational discipline order in relation to a licensed insurer.
Note	The 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.
Note	The 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.
44	Section 273 heading
substitute
273	Who is the CTP regulator?
45	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.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
46	Section 273 (as amended)
relocate as section 14
47	Delegation of CTP regulator’s functions
Section 274
omit
48	Regulation-making power 
Section 277 (2) and note
substitute
	(2)	A regulation may deal with the CTP premium board.
Note	The CTP premium board is established in s 47.
49	Section 277 (4)
omit
50	New part 9.1 heading
insert
Part 9.1	Transitional—Road Transport (Third-Party Insurance) Act 2008
51	Section 280 heading
substitute
280	Definitions—pt 9.1
52	Section 280
omit
chapter
substitute
part
53	Section 286
omit
chapter
substitute
part
54	Section 287 heading
substitute
287	Expiry—pt 9.1
55	Section 287
omit
chapter
substitute
part
56	New part 9.2
after section 287, insert
Part 9.2	Transitional—Road Transport (Third-Party Insurance) Amendment Act 2009
288	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 1	A 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.
289	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.
290	Expiry—pt 9.2
This part expires 1 year after the commencement day.
57	Dictionary, note 2
insert
·	ACAT
·	occupational discipline order
58	Dictionary, definition of ground for disciplinary action
substitute
ground for occupational discipline—see section 200.
59	Dictionary, definition of licensed insurer, paragraph (b)
substitute
	(b)	for part 5.4 (Occupational discipline)—see section 198.
60	Dictionary, definition of owner
omit
61	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 1	Road 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 2	Road 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
10	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.
11	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.
Note	A 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.
12	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 3	Other amendments
(see s 3)
Part 3.1	Duties 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.
Note	An 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 3.2	Road 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 1.13A	Road 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 1.13B	Road 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 3.3	Road Transport (Public Passenger Services) Act 2001
[3.4]	New part 8A
insert
Part 8A	Additional public passenger vehicle insurance
110	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).
111	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.
112	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 3.4	Road Transport (Vehicle Registration) Act 1999
[3.5]	Section 7 (d), new note
insert
Note	If 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
31	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.
Note	A 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 3.5	Road Transport (Vehicle Registration) Regulation 2000
[3.7]	Section 88 (1), new note
insert
Note	If 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	2009.
2	Notification
	Notified under the Legislation Act on	2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009