After section 28A of the Principal Act, the following sections are inserted:

28B.     Recovery by Board of scheduled benefits

(1)  In this section,

scheduled benefits includes payments by the Board in respect of its legal costs which are properly and reasonably incurred and which relate to, or are incidental to, the payment of the scheduled benefits including, but not limited to –

(a) a reference of any matter to the Tribunal; and

(b) any legal proceedings relating to the payment of the scheduled benefits.

(2)  The Board may recover from the person who owned a motor vehicle at the time that motor vehicle was involved in a motor accident resulting in personal injury scheduled benefits paid to that person or any other person in respect of that personal injury if –

(a) that motor vehicle is not a trailer of a kind prescribed for the purposes of section 29(1AA) ; and

(b) 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 accident occurred had not been paid.

(3)  Subsection (2) does not apply if it is shown that the motor vehicle was being used without the owner's consent or acquiescence.

(4)  The Board may recover from a person who, at the time a motor vehicle was involved in a motor accident resulting in personal injury, was using but was not the owner of that motor vehicle scheduled benefits paid to that person or any other person in respect of that personal injury if –

(a) that person did not have the consent or acquiescence of the owner to so use that motor vehicle; and

(b) the person did not have reasonable grounds for believing that the person had the consent or acquiescence of the owner to so use that motor vehicle.

(5)  The Board may recover from the driver of a motor vehicle who caused a motor accident scheduled benefits paid to that driver or any other person in respect of personal injury resulting from that motor accident if that driver is convicted in respect of that motor accident –

(a) of manslaughter; or

(b) of causing death by dangerous driving; or

(c) of an offence under section 32(1) of the Traffic Act 1925 ; or

(d) of an offence under section 4 of the Road Safety (Alcohol and Drugs) Act 1970 ; or

(e) in another State or a Territory of the Commonwealth of an offence that is substantially the same as an offence referred to in paragraph (a) , (b) , (c) or (d) .

(6)  The Board may recover from the driver of a motor vehicle who caused a motor accident scheduled benefits paid to that driver or any other person in respect of personal injury resulting from that motor accident if the driver intended to cause that motor accident.

28C.     Recovery by Board from non-indemnifiable person of scheduled benefits

(1)  In this section –

fault has the same meaning as in the Tortfeasors and Contributory Negligence Act 1954 ;

indemnifiable person means a person who is entitled to be indemnified by the Board in respect of a liability;

non-indemnifiable person means a person who is not entitled to be indemnified by the Board in respect of a liability;

scheduled benefits includes payments by the Board in respect of its legal costs which are properly and reasonably incurred and which relate to, or are incidental to, the payment of the scheduled benefits including, but not limited to –

(a) a reference of any matter to the Tribunal; and

(b) any legal proceedings relating to the payment of the scheduled benefits.

(2)  The Board may recover from a non-indemnifiable person a scheduled benefit paid to any other person in respect of personal injury if the circumstances of the motor accident which resulted in the personal injury also created a liability in the non-indemnifiable person to pay damages.

(3)  The Board has, in respect of scheduled benefits paid in respect of personal injury, the same rights of contribution and indemnity against a non-indemnifiable person as would have vested in an indemnifiable person by the Tortfeasors and Contributory Negligence Act 1954 if –

(a) the circumstances of the motor accident which resulted in the personal injury also created liability in both the non-indemnifiable person and the indemnifiable person to pay damages; and

(b) the scheduled benefits had been damages paid by the indemnifiable person towards meeting the liability; and

(c) the liability had arisen as the result of a tort.

(4)  If under section 4 of the Tortfeasors and Contributory Negligence Act 1954 a person is given a right to reduced damages in respect of a personal injury, the amount recoverable by the Board under subsection (2) or (3) in respect of that personal injury is reduced in the same proportion.

(5)  If –

(a) the circumstances of a motor accident which resulted in personal injury to a person also create, otherwise than in tort, a liability in another person to pay damages in respect of that injury; and

(b) section 4 of the Tortfeasors and Contributory Negligence Act 1954 would have applied so as to reduce the damages payable had that liability arisen in tort –

the amount recoverable by the Board under subsection (2) or (3) in respect of that personal injury is reduced in the same proportion.