AustLII Tasmanian Numbered Acts

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MOTOR ACCIDENTS (LIABILITIES AND COMPENSATION) AMENDMENT ACT 1997 (NO. 49 OF 1997) - SECT 15

Section 24 amended (Exclusions from scheduled benefits)

Section 24 of the Principal Act is amended as follows:
(a) by omitting "death of, or bodily injury to" , five times occurring, from subsection (1) and substituting "personal injury to" ;
(b) by omitting "death or bodily" , three times occurring, from subsection (1) and substituting "personal" ;
(c) by inserting "motor" in subsection (1)(b) before "accidents" ;
(d) by omitting "or arose out of the use of" from subsection (1)(d);
(e) by inserting the following paragraph in subsection (1) after paragraph (d):
(e) Where that personal injury was caused by the use of a motor vehicle –
(i) that is a trail bike, farm bike or beach buggy; and
(ii) in respect of which a premium has not been paid –
and that person was the owner or driver of that motor vehicle;
(f) by omitting "purpose." from subsection (1)(f) and substituting "purpose;" ;
(g) by inserting in subsection (1) after paragraph (f) the following paragraph:
(g) Where, in respect of a motor accident –
(i) the personal injury to that person is caused by a motor vehicle, other than a trailer of a kind prescribed for the purposes of section 29(1AA) ; and
(ii) at the time of the motor accident a premium for the use of that motor vehicle had not been paid or a premium for the use of that motor vehicle in the circumstances or under the conditions in which the motor vehicle was being used had not been paid; and
(iii) at the time of the motor accident that person –
(A) was the driver of the motor vehicle and knew or ought to have known that such a premium had not been paid; or
(B) was the owner of the motor vehicle.
(h) by omitting "bodily" from subsection (2) and substituting "personal" ;
(i) by omitting "an accident" from subsection (2) and substituting "a motor accident" ;
(j) by inserting "motor" in subsection (2) before "accident" , second and third occurring;
(k) by omitting "manslaughter;" from subsection (2)(a)(i) and substituting "manslaughter; or" ;
(l) by omitting "driving;" from subsection (2)(a)(iA) and substituting "driving; or" ;
(m) by omitting " Act 1970 ," from subsection (2)(a)(iii) and substituting " Act 1970 ; or" ;
(n) by inserting the following subparagraph in subsection (2)(a) after subparagraph (iii):
(iv) in another State or a Territory of the Commonwealth of an offence that is substantially the same as an offence referred to in subparagraph (i) , (ia) , (ii) or (iii)  –
(o) by omitting "bodily" from subsection (4) and substituting "personal" ;
(p) by omitting "an accident" from subsection (4) and substituting "a motor accident" ;
(q) by inserting "motor" in subsection (5) before "accident" .



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