Australian Capital Territory Numbered Acts

ROAD TRANSPORT (THIRD-PARTY INSURANCE) ACT 2008 (NO. 1 OF 2008) - SECT 61

    (1)     This section applies if—

        (a)     a personal injury is caused by a motor accident; and

        (b)     at the time of the motor accident, the motor vehicle involved in the motor accident—

              (i)     had a sufficient connection with the ACT; and

              (ii)     was an uninsured motor vehicle; and

        (c)     the motor accident happened anywhere in Australia.

Note 1     Motor accident is defined in s 7.
Personal injury is defined in s 6.

Note 2     The circumstances in which a motor vehicle has a sufficient connection with the ACT may be prescribed by regulation (see s (5)).

    (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)     the uninsured 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)     at the time the motor accident happened—

              (i)     the uninsured 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 uninsured 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)     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.

    (4)     In this section:

"motor vehicle" means a motor vehicle that—

        (a)     is exempt from registration; or

        (b)     if not exempt from registration—must be registered to allow its lawful use or operation on a road or road related area in the ACT and—

              (i)     was at the time of manufacture capable of registration; or

              (ii)     was at the time of manufacture, with minor adjustments, capable of registration; or

              (iii)     was previously capable of registration but is no longer capable of registration because the motor vehicle is in disrepair.

    (5)     A regulation may prescribe the circumstances in which a motor vehicle has a sufficient connection with the ACT.