Australian Capital Territory
Road Transport (Third-Party Insurance) Regulation 2000    
SL2000-6
made under the
Road Transport (General) Act 1999
Republication No 19
Effective:  23 August 2008 – 30 September 2008
Republication date: 23 August 2008
Last amendment made by A2008-39
(republication for updated endnotes
as amended by A2008-39)

Uncommenced repeal: see endnote 3

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Road Transport (Third-Party Insurance) Regulation 2000, made under the Road Transport (General) Act 1999 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 August 2008.  It also includes any amendment, repeal or expiry affecting the republished law to 23 August 2008.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Road Transport (Third-Party Insurance) Regulation 2000
made under the
Road Transport (General) Act 1999
    
Contents
	Page
	1	Name of regulation	2
	3	Dictionary	2
	4	Notes	2
	4A	Offences against regulation—application of Criminal Code etc	3
	5	Terms of third-party policies	3
	7	Returns by authorised insurers (TPI s 8 (1))	4
	8	Lost, stolen etc certificates of insurance (TPI s 9, 10)	4
	9	Change in use of insured vehicle	5
	10	Classification of vehicles (TPI sch 1)	5
	11	Maximum premiums	5
	12	Overlapping premium classification (TPI s 19)	6
	13	Increases in premium during term of policy (TPI s 17)	6
Schedule 1	Classification of vehicles and maximum rates for premiums	8
Dictionary		18
Endnotes
	1	About the endnotes	20
	2	Abbreviation key	20
	3	Legislation history	21
	4	Amendment history	23
	5	Earlier republications	25

Australian Capital Territory
Road Transport (Third-Party Insurance) Regulation 2000     

made under the
Road Transport (General) Act 1999

    

  

1	Name of regulation
	This regulation is the Road Transport (Third-Party Insurance) Regulation 2000.
3	Dictionary
	The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation or elsewhere in the road transport legislation.
	For example, the signpost definition ‘trader’s plate—see the Road Transport (Vehicle Registration) Act 1999, dictionary.’ means the term ‘trader’s plate’ is defined in that dictionary and the definition applies to this regulation.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes 
	(1)	A note in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
	(2)	In this section:
note includes material enclosed in brackets in section headings.
Note	For comparison, a number of sections contain bracketed notes in their headings drawing attention to equivalent or comparable (though not necessarily identical) provisions of other sections.  Abbreviations in the notes include the following:
	TPI: Motor Vehicle (Third Party Insurance) Regulation 1947, as in force immediately before the commencement of this regulation.
4A	Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
5	Terms of third-party policies
	For the Act, section 163 (b), the following terms are prescribed for a third-party policy:
Third-party policy
The insurer insures the owner of the motor vehicle to which the policy applies, and anyone else who drives the vehicle (whether or not with the owner’s authority), against liability in relation to the death of, or bodily injury to, a person caused by, or arising out of the use of, the vehicle anywhere in Australia (whether or not on a road or road related area).
In this policy, words and expressions have the same meanings as in the Road Transport (General) Act 1999, part 10.
7	Returns by authorised insurers (TPI s 8 (1))
	(1)	An authorised insurer must, not later than 30 April in each year, give to the road transport authority a return containing the required insurance particulars for the year ending on the previous 31 December.
Maximum penalty:  20 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	For subsection (1):
insurance particulars means particulars about—
	(a)	premiums received for insurance under third-party policies; and
	(b)	claims paid in relation to third-party policies; and
	(c)	the people insured under third-party policies; and
	(d)	any other matters relevant to third-party policies or the Act, part 10.
required insurance particulars, for a year, means the insurance particulars that the road transport authority notifies the insurer, not later than 1 February in the next year, are the required particulars for the year.
8	Lost, stolen etc certificates of insurance (TPI s 9, 10)
	If the insurer that issued a certificate of insurance to a person is satisfied that the certificate has been lost, stolen, damaged or destroyed, the insurer must, on application by the person, give the person a replacement certificate.
9	Change in use of insured vehicle
	(1)	This section applies if the premium paid for the third-party policy applying to a motor vehicle has been worked out because of the use of the vehicle for a particular purpose or purposes mentioned in a premium classification.
	(2)	The owner of the motor vehicle must not use the vehicle for another purpose if—
	(a)	there is an additional premium payable for the premium classification applying to the other purpose; and
	(b)	the owner has not paid the additional premium.
Maximum penalty:  20 penalty units.
	(3)	An offence against this section is a strict liability offence.
10	Classification of vehicles (TPI sch 1)
	The classification of vehicles set out in schedule 1, columns 2 and 3 applies in working out the maximum premium that may be charged for a third-party policy applying to a particular vehicle.
11	Maximum premiums
	(1)	The maximum premium that may be charged for a third-party policy applying to a vehicle of a classification mentioned in an item of schedule 1, column 2, or a trader’s plate, is—
	(a)	if the policy is for 1 year and—
	(i)	the vehicle or plate is used for private purposes—the appropriate amount mentioned in schedule 1, the item, column 5; or
	(ii)	the vehicle or plate is used for business purposes—the appropriate amount mentioned in schedule 1, the item, column 6; and
	(b)	if the policy is for any other period—an amount worked out in accordance with the following formula:

	(2)	For this section, a person’s vehicle or trader’s plate is used for private purposes if the person, or the person’s agent, tells the road transport authority that there is no entitlement to claim an input tax credit in relation to the third-party policy for the vehicle or plate.
	(3)	For this section, a person’s vehicle or trader’s plate is used for business purposes if the person, or the person’s agent, tells the road transport authority that there is an entitlement to claim an input tax credit in relation to the third-party policy for the vehicle or plate.
	(4)	In this section:
input tax credit—see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), dictionary.
N means the number of months of the policy (counting part of a month as 1 month).
12	Overlapping premium classification (TPI s 19)
	If 2 or more premium classifications apply to a vehicle, the maximum premium payable for the third-party policy for the vehicle is the higher of the maximum premiums applying under the premium classifications.
13	Increases in premium during term of policy (TPI s 17)
	(1)	This section applies if, while a third-party policy is in force for a vehicle—
	(a)	a change is made—
	(i)	in the construction, use or ownership of the vehicle; or 
	(ii)	in the place where it is usually garaged; and
	(b)	because of the change, a higher premium than the premium paid on the policy could be charged if a new third-party policy were issued for the vehicle.
	(2)	The owner of the motor vehicle is liable to pay an additional premium from the day of the change worked out in accordance with the following formula:

	(3)	In subsection (2):
P1 means the premium originally paid.
P2 means the higher premium for the term of the original policy.
N1 means the number of months of the original policy (counting part of a month as 1 month).
N2 means the remaining number of months of the policy (counting part of a month as 1 month).

Schedule 1	Classification of vehicles and maximum rates for premiums
(see s 10 and s 11)

column 1
item	column 2
premium classification	column 3
classification definition	column 4
case (if relevant)	column 5
maximum premium ($)—private purposes	column 6
maximum premium ($)—business purposes	
1	ambulance	motor vehicle built to transport sick or injured people		539.00	582.60	
2	breakdown vehicle	motor vehicle used mainly to tow broken-down vehicles		770.10	832.40	
3	bus or tourist vehicle	motor vehicle (other than a taxi, private hire car or restricted hire vehicle) used to carry paying passengers	·	if the vehicle has seating for not more than 16 adults (including the driver)	1 155.15	1 248.60	
			·	if the vehicle has seating for more than 16 adults (including the driver)	1 655.70	1 789.65	
4	drive-yourself vehicle	motor vehicle let for hire (other than under a lease or hire‑purchase agreement)		2 310.30	2 497.20	
5	firefighting vehicle	motor vehicle used solely for firefighting		481.30	520.20	
6	general hire car	motor vehicle licensed (or intended to be licensed) as a private hire car		1 540.20	1 664.80	
7	goods vehicle	motor vehicle built mainly to carry goods (other than a primary producer’s goods vehicle)	·	if the unladen weight is not over 975kg	385.05	416.20	
			·	if the unladen weight is over 975kg but not over 2t	577.55	624.25	
			·	if the unladen weight is over 2t	1 617.20	1 748.00	
8	historic vehicle	motor vehicle (other than a veteran vehicle or vintage vehicle) built not less than 30 years before the day of issue of the third-party policy for the vehicle and registered concessionally as a historic vehicle		38.50	41.60	
9	miscellaneous vehicle	tractor (other than a primary producer’s tractor) or implement		539.00	582.60	
10	mobile crane	motor vehicle built mainly as a crane (other than a breakdown vehicle or tractor)		770.10	832.40	
11	motorcycle	motorbike or motortrike	·	if the engine capacity is not over 300mL	77.00	83.20	
			·	if the engine capacity is over 300mL but not over 600mL	346.50	374.50	
			·	if the engine capacity is over 600mL	346.50	374.50	
12	passenger vehicle
	motor vehicle built mainly to carry people (other than an ambulance, bus or tourist vehicle, drive-yourself vehicle, motorcycle, police vehicle, private hire car or taxi)		385.05	416.20	
13	police vehicle	motor vehicle driven, or intended to be driven, by a police officer in the course of his or her duty		962.60	1 040.45	
14	primary producer’s goods vehicle	goods vehicle used by a primary producer in connection with his or her operations as a primary producer	·	if the unladen weight is not over 2t	385.05	416.20	
			·	if the unladen weight is over 2t	462.05	499.40	
15	primary producer’s tractor	tractor used by a primary producer in connection with his or her operations as a primary producer		308.00	332.90	
16	taxi	motor vehicle licensed (or intended to be licensed) as a taxi		5 390.70	5 826.80	
17	trader’s plate			115.50	124.80	
18	trailer	vehicle built to be towed by a motor vehicle		0.00	0.00	
19	undertaker’s vehicle	motor vehicle used solely as an undertaker’s hearse		308.00	332.90	
20	veteran vehicle	motor vehicle built before 1919		38.50	41.60	
21	vintage vehicle	motor vehicle built after 1918 and before 1931		38.50	41.60	

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	Australia
·	month
·	road transport authority
·	year.
Note 3	Terms used in this regulation have the same meaning that they have in the Road Transport (General) Act 1999 (see Legislation Act, s 148.)  For example, the following terms are defined in the Road Transport (General) Act 1999, dict:
·	motor vehicle
·	registered
·	road
·	road related area
·	trailer.
authorised insurer—see the Act, section 158.
certificate of insurance—see the Act, section 158.
general hire car means a hire car other than a restricted hire car.
hire car—see the Road Transport (Public Passenger Services) Act 2001, section 67.
implement—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary.
issue, of a third-party policy—see the Act, section 158.
motorbike—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary.
motortrike—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary.
owner—see the Act, section 158.
premium classification means a classification mentioned in schedule 1.
registration—see the Act, section 158.
taxi—see the Road Transport (Public Passenger Services) Act 2001, section 45.
third-party policy—see the Act, section 158.
tractor—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary.
trader’s plate—see the Road Transport (Vehicle Registration) Act 1999, dictionary.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

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

3	Legislation history
This regulation was originally the Road Transport (Third-Party Insurance) Regulations 2000.  It was renamed under the Legislation Act 2001.
Road Transport (Third-Party Insurance) Regulation 2000 SL2000-6
notified 29 February 2000 (Gaz 2000 No S6)
s 1, s 2 commenced 29 February 2000 (IA s 10B)
remainder commenced 1 March 2000 (s 2 and Gaz 2000 No S5)
as amended by
Road Transport (Third-Party Insurance) Regulations Amendment	 2000 SL2000-25
notified 8 June 2000 (Gaz 2000 No S23)
commenced 8 June 2000 (s 1)
Road Transport (Third-Party Insurance) Regulations Amendment 2001 SL2001-5
notified 28 February 2001 (Gaz 2001 No S10)
s 1 commenced 28 February 2001 (IA s 10B)
remainder commenced 1 March 2001 (s 1)
Road Transport (Third-Party Insurance) Regulations Amendment 2001 SL2001-13
notified 21 May 2001 (Gaz 2001 No S27)
commenced 21 May 2001 (s 1)
Road Transport Legislation Amendment Act 2001 A2001-27 sch 4
notified 24 May 2001 (Gaz 2001 No 21)
s 1, s 2 commenced 24 May 2001 (IA s 10B)
sch 4 commenced 24 May 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 346
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 346 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Road Transport Legislation Amendment Regulations 2002 SL2002-2 pt 6
notified LR 27 February 2002
s 1, s 2 commenced 27 February 2002 (LA s 75)
pt 6 commenced 1 March 2002 (s 2 and see CN 2002 No 2)
Road Transport (Third-Party Insurance) Amendment Regulations 2002 SL2002-12
notified LR 4 June 2002
s 1, s 2 commenced 4 June 2002 (LA s 75)
remainder commenced 5 June 2002 (s 2)
Road Transport (Third-Party Insurance) Amendment Regulations 2003 (No 1) SL2003-13
notified LR 29 May 2003
s 1, s 2 commenced 29 May 2003 (LA s 75 (1))
remainder commenced 30 May 2003 (s 2)
Road Transport (Third-Party Insurance) Amendment Regulations 2004 (No 1) SL2004-40
notified LR 3 September 2004
s 1, s 2 commenced 3 September 2004 (LA s 75 (1))
remainder commenced 4 September 2004 (s 2)
Road Transport Legislation (Hire Cars) Amendment Regulation 2005 (No 1) SL2005-4 sch 2 pt 2.5
notified LR 7 March 2005
s 1, s 2 commenced 7 March 2005 (LA s 75 (1))
sch 2 pt 2.5 commenced 9 March 2005 (s 2 and see Road Transport (Public Passenger Services) (Hire Cars) Amendment Act 2004 
A2004-69, s 2 and LA s 79)
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.35
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.35 commenced 24 November 2005 (s 2)
Road Transport (Third-Party Insurance) Amendment Regulation 2006 (No 1) SL2006-17
notified LR 11 May 2006
s 1, s 2 commenced 11 May 2006 (LA s 75 (1))
remainder commenced 12 May 2006 (s 2)
Road Transport (Third-Party Insurance) Amendment Regulation 2007 (No 1) SL2007-26
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))
remainder commenced 14 September 2007 (s 2)
Road Transport (Third-Party Insurance) Amendment Regulation 2008 (No 1) SL2008-31
notified LR 21 July 2008
s 1, s 2 commenced 21 July 2008 (LA s 75 (1))
remainder commenced 22 July 2008 (s 2)
Road Transport (Third-Party Insurance) Amendment Act 2008 A2008‑39
notified LR 22 August 2008
s 1, s 2 commenced 22 August 2008 (LA s 75 (1))
remainder commenced 23 August 2008 (s 2)
Note	This Act only amends the Road Transport (Third-Party Insurance) Act 2008 A2008-1.
as repealed by
Road Transport (Third-Party Insurance) Act 2008 A2008-1 s 279 (as am by A2008-39 s 4)
notified LR 26 February2008
s 1, s 2 commenced 26 February 2008 (LA s 75 (1))
s 279 commences 1 October 2008 (s 2 as am by A2008‑39 s 4)
4	Amendment history
Name of regulation
s 1	am R10 LA
Commencement
s 2	om A2001-27 amdt 4.28
Dictionary
s 3	am A2001-44 amdt 1.3785
Notes
s 4	am A2001-44 amdt 1.3786
Offences against regulation—application of Criminal Code etc
s 4A	ins A2005-54 amdt 1.238
Terms of public vehicle policies
s 6	om A2001-27 amdt 4.29
Returns by authorised insurers (TPI s 8 (1))
s 7	am A2005-54 amdt 1.239; ss renum A2005-54 amdt 1.240
Lost, stolen etc certificates of insurance
s 8	sub A2001-27 amdt 4.30
Change in use of insured vehicle
s 9	sub A2005-54 amdt 1.241
Classification of vehicles
s 10	am SL2000-25 s 3
Maximum premiums
s 11	am SL2000-25 s 4
	sub SL2004-40 s 4
	am SL2006-17 s 4, s 5
	(5)-(7) exp 14 June 2006 (s 11 (7) (LA s 88 declaration applies))
	am SL2007-26 s 4
	(5)-(7) exp 31 October 2007 (s 11 (7) (LA s 88 declaration applies))
	am SL2008-31 s 4
	(5)-(7) exp 17 August 2008 (s 11 (7) (LA s 88 declaration applies))
Maximum premiums for late renewal
s 11A	ins SL2001-5 s 3
	om SL2001-13 s 3
Overlapping premium classification
s 12	am SL2001-13 s 4
Policies beginning before 1 October 2004
s 14	am SL2000-25 s 5
	exp 1 July 2000 (s 14 (3))
	ins SL2001-13 s 5
	exp 1 July 2001 (s 14 (2))
	ins SL2002-12 s 4
	exp 1 July 2002 (s 14 (2))
	ins SL2003-13 s 4
	exp 1 July 2003 (s 14 (2))
	ins SL2004-40 s 5
	exp 1 October 2004 (s 14 (2))
Policies beginning before 1 July 2000
s 15	ins SL2000-25 s 6
	exp 1 July 2000 (s 15 (2))
Classification of vehicles and maximum rates for premiums
sch 1	sub SL2000-25 s 8; SL2001-13 s 6
	am SL2002-2 s 33, s 34
	sub SL2002-12 s 5; SL2003-13 s 5; SL2004-40 s 6
	am SL2005-4 amdts 2.45-2.47
	sub SL2006-17 s 6; SL2007-26 s 5; SL2008-31 s 5
Dictionary
dict	def general hire car ins SL2005-4 amdt 2.48
	def hire car ins SL2005-4 amdt 2.49
	def issue am A2001-27 amdt 4.31
	def motor vehicle om R10 LA
	def premium classification am SL2000-25 s 7
	def private hire car om SL2005-4 amdt 2.50
	def public vehicle om A2001-27 amdt 4.32
	def public vehicle policy om A2001-27 amdt 4.32
	def restricted hire vehicle om SL2005-4 amdt 2.50
	def restricted taxi om SL2002-2 s 35
	def taxi sub SL2002-2 s 36
	def the Act om A2001-44 amdt 1.3787

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	1 March 2000	
2	A2001-44	12 September 2001	
3	SL2002-2	1 March 2002	
4	SL2002-12	5 June 2002	
5	SL2002-12	2 July 2002	
6	SL2003-13	2 June 2003	
7*	SL2003-13	2 July 2003	
8	SL2004-40	4 September 2004	
9	SL2004-40	2 October 2004	
10	SL2004-40	3 November 2004	
11	SL2005-4	9 March 2005	
12	A2005-54	24 November 2005	
13	SL2006-17	12 May 2006	
14	SL2006-17	15 June 2006	
15	SL2007-26	14 September 2007	
16	SL2007-26	1 November 2007	
17	SL2008-31	22 July 2008	
18	SL2008-31	18 August 2008	

©  Australian Capital Territory 2008