AustLII Tasmanian Numbered Acts

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MOTOR ACCIDENTS (LIABILITIES AND COMPENSATION) AMENDMENT ACT 1997 (NO. 49 OF 1997) - SECT 13

Section 22 amended (Actions for damages in respect of third party liabilities)

Section 22 of the Principal Act is amended as follows:
(a) by inserting "motor" in subsection (1) before "accident" ;
(b) by omitting "death of, or bodily injury to," from subsection (2)(a) and substituting "personal injury to" ;
(c) by omitting "an accident" from subsection (2)(a) and substituting "a motor accident" ;
(d) by omitting subsection (3) and substituting the following subsections:
(3)  If –
(a) personal injury, other than death, is caused by a motor vehicle; and
(b) the person suffering that personal injury, in contravention of the Traffic (General and Local) Regulations 1956 , was not wearing a seat belt –
the court must reduce that portion of the damages that is attributable to the failure to wear a seat belt and would otherwise be awarded.
(4)  The amount by which that portion of the damages attributable to the failure to wear a seat belt is to be reduced under subsection (3) is 15% or a higher percentage that the court considers just and equitable having regard to the extent to which the proper use of a seat belt would have lessened the severity of the injury.



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