AustLII Tasmanian Numbered Acts

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MOTOR ACCIDENTS (LIABILITIES AND COMPENSATION) AMENDMENT ACT 1997 (NO. 49 OF 1997) - SECT 9

Section 14 amended (General liability of Board in respect of motor accidents)

Section 14 of the Principal Act is amended as follows:
(a) by omitting "death of, or bodily injury to, any person caused by or arising out of the use of" from subsection (1) and substituting "personal injury to a person caused by a motor accident involving" ;
(b) by omitting "death or bodily" , twice occurring, from subsection (2) and substituting "personal" ;
(c) by inserting after subsection (2) the following subsection:
(2A)  Subsection (1) does not apply where the motor accident which resulted in the personal injury has not been reported to a police officer unless the Board determines that in the circumstances the failure to so report the motor accident should be excused.
(d) by omitting "death of, or bodily injury to," from subsection (4)(a) and substituting "personal injury to";
(e) by omitting "resulting from an accident" from subsection (4)(a) and substituting "caused by a motor accident";
(f) by omitting "like" from subsection (4A);
(g) by inserting after subsection (4A) the following subsections:
(4B)  If –
(a) both an indemnifiable person and a non-indemnifiable person are liable in respect of the personal injury that gave rise to the Board's obligation to indemnify the indemnifiable person; and
(b) the liability of either or both of those persons arises otherwise than as the result of a tort –
the Board has, in respect of any payments it is liable to make in or towards the indemnity, the same rights of contribution or indemnity against the non-indemnifiable person as the indemnifiable person would have had under the Tortfeasors and Contributory Negligence Act 1954 had the liability of both the indemnifiable person and the non-indemnifiable person arisen as a result of a tort.
(4C)  The Board may exercise the rights referred to in subsection (4B) by taking proceedings to recover contribution in its own name or the name of the indemnifiable person.
(4D)  In subsections (4B) and (4C)  –
indemnifiable person means a person the Board is bound to indemnify under this section;
non-indemnifiable person means a person the Board is not bound to indemnify under this section.



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