Tasmanian Numbered Regulations

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ECONOMIC REGULATOR (MAIB PREMIUMS) ORDER 2021 (S.R. 2021, NO. 79) - REG 3

Interpretation
(1)  In this order, unless the contrary intention appears –
Average Weekly Earnings means the Average Weekly Earnings (ABS Catalogue No. 6302.0) published by the Australian Bureau of Statistics;
AWOTE means the dollar figure for full-time adult ordinary time earnings for persons set out in that part of the Average Weekly Earnings that is under the heading “AVERAGE WEEKLY EARNINGS Australia: Original”;
Board means the Motor Accidents Insurance Board;
class means a class specified in Schedule 1 ;
commencement day means the day on which this order takes effect;
escalator index means the escalator index calculated in accordance with clause 4 ;
first year means the period of 12 months commencing on the commencement day;
fourth year means the period of 12 months commencing at the end of the third year;
heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Tasmania) Act 2013 ;
hire and drive passenger service has the same meaning as in the Passenger Transport Services Act 2011 ;
luxury hire car has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ;
luxury hire car service has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ;
pensioner means a person who is –
(a) the holder of a current health care card issued in accordance with the Social Security Act 1991 of the Commonwealth; or
(b) the holder of a current pensioner concession card issued in accordance with the Social Security Act 1991 of the Commonwealth or as a fringe benefit under the Veterans' Entitlements Act 1986 of the Commonwealth; or
(c) the holder of a current Gold Card or White Card issued in accordance with the Veterans' Entitlements Act 1986 of the Commonwealth;
public passenger vehicle means a motor vehicle that is used to operate a passenger transport service within the meaning of the Passenger Transport Services Act 2011 ;
reduced period means a period of less than 12 months;
registered means registered under the Vehicle and Traffic Act 1999 ;
Registrar means the Registrar of Motor Vehicles appointed or employed under section 5 of the Vehicle and Traffic Act 1999 ;
ride-sourcing software means a computer software system that enables –
(a) requests, for passengers to be carried on journeys in motor vehicles, to be received; and
(b) such requests to be communicated to, and accepted by, drivers of motor vehicles; and
(c) such passengers to provide to such drivers financial consideration, for carriage on such journeys, only by way of the electronic transfer of funds by a system that is provided; and
(d) identification of, and recording of the details of, such drivers and vehicles and the origin, destination and duration of such journeys; and
(e) satisfaction rating services to be provided –
only by means of the software;
ride-sourcing vehicle means a motor vehicle that is used, by a person in whose name the vehicle is registered, to carry on journeys passengers who –
(a) arrange, by means of ride-sourcing software, to be so carried; and
(b) provide to the person financial consideration for such journeys only by means of a system for electronic transfer of funds that is provided as part of the software;
second year means the period of 12 months commencing at the end of the first year;
severe disability means a permanent disability which, in the Registrar's opinion, prevents a person from using public transport without assistance;
special-interest vehicle has the same meaning as in the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021 ;
taxi has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ;
taxi service has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ;
third year means the period of 12 months commencing at the end of the second year.
(2)  A reference in this order to a publication includes a reference to –
(a) that publication as amended from time to time; and
(b) a publication published in substitution for that publication.
(3)  Unless the contrary intention appears, an expression used in this order has the same meaning as it has in the Motor Accidents (Liabilities and Compensation) Act 1973 .
(4)  For the purposes of this order, ride-sourcing software enables satisfaction rating services to be provided only by means of the software if the software –
(a) enables a person, who has been, pursuant to a request communicated by the software to a driver, carried on a journey in a motor vehicle driven by the driver, to record by means of the software the person's degree of satisfaction in relation to the driver and the journey; and
(b) automatically aggregates such records in relation to such drivers and such journeys; and
(c) enables a rating, of a driver, derived from such records to be able to be made available to a person whose request to be carried on a journey in a motor vehicle is accepted by the driver.
(5)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if this order were by-laws.
(6)  Premiums calculated under this order –
(a) include GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; and
(b) do not include duty payable under the Duties Act 2001 .



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