AustLII Tasmanian Numbered Acts

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MOTOR ACCIDENTS (LIABILITIES AND COMPENSATION) AMENDMENT ACT 1997 (NO. 49 OF 1997) - SECT 11

Section 18 amended (Recovery by Board from owner or driver in certain cases)

Section 18 of the Principal Act is amended as follows:
(a) by inserting "motor" in subsection (1) before "accident" ;
(b) by omitting from subsection (1) all the words after "those payments" and substituting "from –
(a) the owner if the liability was incurred by the owner; or
(b) the person by whom the liability was incurred if that person was not the owner; or
(c) the owner of the motor vehicle if the liability was incurred by another person.
(c) by inserting the following subsection after subsection (1):
(1A)  Subsection (1)(c) does not apply if the owner of the motor vehicle shows that the other person who was using the motor vehicle at the time of the motor accident did so without the consent or acquiescence of the owner.
(d) by inserting "motor" in subsection (2) before "accident";
(e) by omitting "manslaughter;" from subsection (3)(a) and substituting "manslaughter; or";
(f) by omitting "driving;" from subsection (3)(ab) and substituting "driving; or";
(g) by omitting "Act 1970," from subsection (3)(c) and substituting "Act 1970; or";
(h) by inserting the following paragraph in subsection (3) after paragaph (c):
(d) in another State or a Territory of the Commonwealth of an offence which is substantially the same as an offence referred to in paragraph (a) , (ab) , (b) or (c)  –
(i) by inserting "motor" in subsection (3) before "accident";
(j) by omitting subsections (3A) and (4) and substituting the following subsection:
(4)  A person from whom a sum is recoverable under this section in respect of that person's liability to another person has the same rights of contribution or indemnity in relation to that sum as that person would have had if –
(a) section 14(4A) did not apply; and
(b) that sum were damages to which section 3 of the Tortfeasors and Contributory Negligence Act 1954 applied.



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