New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 2.26

2.26 Special provisions relating to taxis and hire vehicles and other vehicles

(1) The Motor Accident Guidelines relating to the determination of insurance premiums for third-party policies may provide for the payment of premiums of third-party policies.

(2) Without limiting subsection (1), the guidelines may--

(a) provide for part of the premium to be paid before the issue of a third-party policy and the remainder of the premium to be paid during the period for which the policy is issued, and

(b) provide for refunds by licensed insurers of part of the premium paid for a third-party policy for taxis or hire vehicles during or after the period for which the policy is issued, and

(c) impose requirements on providers of passenger services or booking services relating to taxis, hire vehicles or other classes of vehicles, or on other persons conducting a business relating to the vehicles or on licensed insurers, concerning the following--

(i) terms for the payment of premiums, including reporting requirements and timeframes,

(ii) invoicing arrangements for the payment of premiums,

(iii) arrangements concerning the payment of GST for premiums.

(3) A determination under subsection (1)--

(a) may be made in relation to taxis or hire vehicles or in relation to other classes of vehicles, and

(b) for guidelines for the purposes of subsection (2)(a) and (b)--

(i) may provide for the basis on which the remainder of the premium is to be paid, or a part of the premium refunded, including by reference to the safe driving of vehicles, number of trips undertaken by the vehicles, distance travelled by the vehicles, other activity in which the vehicles are engaged or other factors, and

(ii) may authorise the remainder of the premium to be paid on behalf of the persons to whom the third-party policies are issued, including by the providers of passenger services or booking services relating to taxis or hire vehicles, or by other persons conducting a business relating to the vehicles.

(4) Section 2.8 (Cancellation of third-party policies) extends to the cancellation of a third-party policy if a payment required to be made during the period for which the policy is issued has not been duly paid.

(5) The Authority may, by written notice served on a person conducting a business relating to vehicles, including the provider of a passenger service or a booking service, require the person to do 1 or more of the following--

(a) provide to the Authority, within the time and in the way specified in the notice, information the Authority reasonably requires for the purpose of determining the guidelines for insurance premiums for third-party policies for taxis, hire vehicles or other classes of vehicles,

(b) provide to the Authority or a licensed insurer, within the time and in the way specified in the notice, information the Authority or licensed insurer reasonably requires to determine premiums for third-party policies for taxis, hire vehicles or other classes of vehicles,

(c) pay, within the time and in the way specified in the notice, premiums for third-party policies for taxis, hire vehicles or other classes of vehicles.

(6) A person to whom a notice is given under this section must not--

(a) fail to comply with the notice, or

(b) provide information to the Authority or an insurer the person knows is false or misleading in a material particular.

: Maximum penalty--

(a) for a failure to comply with a requirement under subsection (5)(a)--100 penalty units, or

(b) for other contraventions--500 penalty units.

(7) In this section--

"GST" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.