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No. 3 of 2001 Ordinances/Cocos (Keeling) Islands as made
An Ordinance to amend the Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CKI) and the Motor Vehicle (Third Party Insurance) Regulations 1962 (WA) (CKI), and for related purposes.
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 05
Registered 15 Sep 2005
Gazetted 15 Oct 2001

Territory of Cocos (Keeling) Islands

Motor Vehicle (Third Party Insurance) Legislation Amendment Ordinance 2001 (No. 1)

No. 3 of 20011

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Cocos (Keeling) Islands Act 1955.

Dated 8 October 2001

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

IAN MACDONALD

Minister for Regional Services, Territories and

Local Government


An Ordinance to amend the Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CKI) and the Motor Vehicle (Third Party Insurance) Regulations 1962 (WA) (CKI), and for related purposes

Contents

                        1     Name of Ordinance                                                          2

                        2     Commencement                                                              2

                        3     Amendment of Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CKI)       2

                        4     Amendment of Motor Vehicle (Third Party Insurance) Regulations 1962 (WA) (CKI)       3

                        5     Amendment of Applied Laws (Implementation) Ordinance 1992           3

Schedule 1             Amendments of Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CKI)           3

Schedule 2             Amendments of Motor Vehicle (Third Party Insurance) Regulations 1962 (WA) (CKI)          16

Schedule 3             Amendment of Applied Laws (Implementation) Ordinance 1992    23

 

 


1              Name of Ordinance

                This Ordinance is the Motor Vehicle (Third Party Insurance) Legislation Amendment Ordinance 2001 (No. 1).

2              Commencement

                This Ordinance commences on gazettal.

3              Amendment of Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CKI)

                Schedule 1 amends the Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CKI).

4              Amendment of Motor Vehicle (Third Party Insurance) Regulations 1962 (WA) (CKI)

                Schedule 2 amends the Motor Vehicle (Third Party Insurance) Regulations 1962 (WA) (CKI).

5              Amendment of Applied Laws (Implementation) Ordinance 1992

                Schedule 3 amends the Applied Laws (Implementation) Ordinance 1992.


Schedule 1        Amendments of Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CKI)

(section 3)

  

[1]         Subsection 3 (1), before definition of Commission

insert

approved insurer means an insurer approved, in writing, by the Minister under section 3AA.

[2]         Subsection 3 (1), definitions of Commission, Fund and Minister

omit

[3]         Subsection 3 (1), after definition of motor vehicle

insert

nominal defendant means the person appointed under section 3AC as the nominal defendant in the Territory.

[4]         After subsection 3 (1)

insert

      (1A)   For the application of sections 10, 11, 12, 27, 29, 29A, 30 and 33 to the death or bodily injury of a person caused directly by, or by the driving of, an uninsured or unidentified motor vehicle, the approved insurer, or the relevant approved insurer, means the nominal defendant.

[5]         After section 3

insert

3AA        Approved insurer

         (1)   An insurer may apply, in writing, to the Minister to be an approved insurer for this Act.

         (2)   Before the end of 21 days after receiving an application, the Minister must:

                (a)    approve or refuse to approve the insurer; and

               (b)    give the insurer written notice of the decision and, if the decision is a refusal, the reasons for that decision.

         (3)   In deciding to approve or refuse to approve an insurer, the Minister must consider:

                (a)    the Territory’s requirements for third party motor vehicle insurance; and

               (b)    the ability of the insurer to provide insurance of that kind in the Territory.

         (4)   An approval is subject to any conditions that are prescribed by regulation.

         (5)   Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister to refuse the approval of an insurer.

3AB        Revocation of approval

         (1)   The Minister may revoke the approval of an approved insurer if the insurer contravenes:

                (a)    a provision of this Act or of any regulations under this Act; or

               (b)    a condition to which the insurer’s approval is subject.

         (2)   In deciding whether to revoke an approval under subsection (1), the Minister must consider:

                (a)    the kind and seriousness of the contravention; and

               (b)    whether the insurer has previously contravened a provision of this Act or of any regulations under this Act, or a condition to which the insurer’s approval is subject (as the case may be).

         (3)   The revocation of an approval does not affect:

                (a)    a policy of insurance made with the approved insurer that is in force before the revocation; or

               (b)    any liability of the insurer under that policy, or this Act, that was incurred before the revocation.

         (4)   Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision of the Minister to revoke the approval of an insurer under subsection (1).

         (5)   A revocation takes effect on the day on which:

                (a)    the Minister gives written notice to the insurer of the revocation, and the reasons for it; or

               (b)    if the insurer makes an application under subsection (4) — the insurer is given notice of a decision affirming the revocation.

         (6)   Failure by the Minister to give the reasons for revocation does not make the revocation ineffective.

3AC        Nominal defendant

         (1)   The Minister may, by writing, appoint an approved insurer as the nominal defendant in the Territory.

         (2)   If more than one insurer has been approved under section 3AA, and a majority of the approved insurers nominates 1 of them to be the nominal defendant, only the nominated approved insurer may be appointed.

         (3)   An appointment may only be made with the agreement, in advance, of the approved insurer.

         (4)   When an appointment is made, notice of the appointment must be published in the Government Gazette of the Territory stating the nominal defendant’s name and address for service.

         (5)   If there is no nominal defendant, the Administrator is taken to be the nominal defendant.

3AD        Revocation of appointment of nominal defendant

         (1)   The Minister may, by notice in writing published in the Government Gazette of the Territory, revoke the appointment of an approved insurer as the nominal defendant if:

                (a)    the insurer asks the Minister, in writing, to do so; or

               (b)    the Minister thinks it appropriate in the circumstances.

         (2)   If the Minister appoints a nominal defendant, a previous appointment of a nominal defendant is taken to have been revoked.

         (3)   If the appointment of a nominal defendant is revoked, any action that has been commenced, but not concluded, against the former nominal defendant:

                (a)    is taken to continue; and

               (b)    is taken for all purposes to have been commenced against the new nominal defendant on the day it was commenced against the former nominal defendant.

[6]         Subsection 3R (4)

substitute

         (4)   The Director General must, whenever he or she is directed to do so by an approved insurer, remit to the approved insurer the total amount of all insurance premiums received by the Director General on account of insurance policies issued on behalf of the insurer under this Act, less any agreed commission, together with the prescribed documents and information (if any) in relation to those premiums.

[7]         Subsection 3R (5)

omit

[8]         Section 3S

omit

[9]         Section 3T

substitute

3T           Premiums

                The regulations may prescribe maximum rates of premiums that an approved insurer may charge for insurance issued for this Act.

[10]      Paragraph 6A (2) (b)

omit

[11]      Paragraph 7 (6) (b)

omit

Act;

insert

Act in the Territory;

[12]      After section 7

insert

7A           Payment by nominal defendant

         (1)   If the nominal defendant is an approved insurer, the nominal defendant may recover from the other approved insurers (if any) and the Commonwealth a proportion of:

                (a)    any amount paid in satisfaction of a claim made or judgment recovered against the nominal defendant; and

               (b)    the amount of any costs or expenses incurred by the nominal defendant in relation to the claim or the proceedings in which the judgment was obtained; and

                (c)    any amount necessary from time to time to meet costs and expenses incurred in the exercise of the functions of the nominal defendant.

         (2)   If the nominal defendant is the Administrator, the nominal defendant may recover from the approved insurer or insurers a proportion of:

                (a)    any amount paid in satisfaction of a claim made or judgment recovered against the nominal defendant; and

               (b)    the amount of any costs or expenses incurred by the nominal defendant in relation to the claim or the proceedings in which the judgment was obtained; and

                (c)    any amount necessary from time to time to meet costs and expenses incurred in the exercise of the functions of the nominal defendant.

         (3)   The Minister must determine the proportion of any amounts mentioned in subsection (1) or (2) payable by each approved insurer and the Commonwealth.

         (4)   In making a determination under subsection (3), the Minister must have regard, so far as practicable, to:

                (a)    the premiums received by each approved insurer, during a period chosen by the Minister for the purpose; and

               (b)    the premiums that would have been payable for Commonwealth motor vehicles during the period if they had been insured under this Act.

         (5)   After making a determination under subsection (3), the Minister must tell each approved insurer, in writing:

                (a)    the amount the insurer must pay to the nominal defendant under the determination; and

               (b)    the time within which the insurer must pay that amount to the nominal defendant.

[13]      Section 8A, heading

substitute

8A           Liability of approved insurers where spouse injured

[14]      Section 11, heading

substitute

11            Power of approved insurers to deal with claims against insured persons

[15]      Paragraph 12 (1) (b)

omit

to the Commission within one month after the occurrence out of which the death or bodily injury arose, the Commission

insert

to the relevant approved insurer, or (if the vehicle is uninsured) the nominal defendant, within 1 month after the occurrence out of which the death or bodily injury arose, the relevant approved insurer or nominal defendant (as the case may be)

[16]      Section 15, heading

substitute

15            Right of approved insurers against unauthorised drivers

[17]      Subsection 16 (1), definition of proclaimed date

omit

1972

insert

1972 (WA)

[18]      Section 19, heading

substitute

19            Approved insurer not to terminate policy

[19]      Section 25, heading

substitute

25            Information to be furnished by approved insurer

[20]      After section 33

insert

34            Delegation

                The Minister may delegate any of his or her powers or functions under this Act, except a power vested in the Minister under subsection 8G (1) of the Cocos (Keeling) Islands Act 1955, to a person specified in subsection 8G (7) of that Act.

35            Transitional

         (1)   If a policy of insurance under this Act was in force immediately before the commencement of the Motor Vehicle (Third Party Insurance) Legislation Amendment Ordinance 2001 (No. 1) (the Ordinance):

                (a)    that policy continues in force in accordance with its terms as if the Ordinance had not commenced; and

               (b)    any thing that may have been, or was required to be, done in relation to that policy (except an extension of the policy under section 21) may be done, or is required to be done, as the case may be, as if the Ordinance had not commenced; and

                (c)    the policy may be terminated in the same way as it could have been terminated if the Ordinance had not commenced.

         (2)   CGU Insurance Ltd is taken to be approved under section 3AA immediately after the commencement of the Ordinance.

[21]      Further amendments

Provision

omit

insert

Subsection 3 (1), definition of contract of insurance

the Commission

an approved insurer

Subsection 3R (2)

the Commission (each mention)

an approved insurer

Subsection 3R (3)

the Commission.

an approved insurer.

Paragraph 4 (8) (a)

Commission

relevant approved insurer

Paragraph 4 (9a) (a)

the Commission (first mention)

an approved insurer

Paragraph 4 (9a) (a)

the Commission (second mention)

the approved insurer

Paragraph 4 (9a) (b)

Commission

approved insurer

Paragraph 6 (1) (a)

the Commission;

an approved insurer;

Subsection 6A (3)

Commission

relevant approved insurer

Subsection 7 (1)

Commission (first mention)

relevant approved insurer

Subparagraph 7 (1) (i)

Commission

approved insurer

Subsection 7 (2)

Commission (first mention)

relevant approved insurer

Subsection 7 (2)

Commission (second and third mentions)

approved insurer

Subsection 7 (3)

Commission (each mention)

nominal defendant

Subsection 7 (4)

the Commission

an approved insurer

Subsection 7 (5)

Commission (each mention)

approved insurer

Paragraph 7 (6) (c)

the Commission

an approved insurer

Paragraph 7 (6) (c)

Commission.

approved insurer.

Subsections 8 (1), (3) and (5)

Commission (each mention)

nominal defendant

Subsection 8A (1)

Commission

nominal defendant

Subsection 8A (2)

Commission,

nominal defendant and any other relevant approved insurer,

Subsection 10 (1)

Commission

relevant approved insurer

Subsection 10 (3)

Commission (first mention)

relevant approved insurer

Subsection 10 (3)

Commission (second mention)

approved insurer

Subsection 10 (5)

Commission —

relevant approved insurer:

Subsection 10 (5)

Commission (second mention)

approved insurer

Subsection 10 (6)

Commission (each mention)

approved insurer

Subsection 11 (1)

The Commission

The relevant approved insurer

Subparagraph 11 (1) (d) (i)

Commission

approved insurer

Subsection 11 (2)

Commission

approved insurer

Subsection 11 (3)

Commission (first mention)

relevant approved insurer

Subsection 11 (3)

Commission (second mention)

approved insurer

Paragraph 12 (3) (b)

the Commission

the relevant approved insurer

Subsection 12 (3)

Commission (second mention)

relevant approved insurer or nominal defendant

Subsection 12 (5)

Commission

relevant approved insurer or nominal defendant

Section 14

Commission (each mention)

nominal defendant

Paragraph 15 (a)

Commission

relevant approved insurer

Paragraph 15 (b)

the Commission (first mention)

an approved insurer

Paragraph 15 (b)

Commission (second mention)

approved insurer

Subsection 16 (1), definition of action or proceedings

Commission;

nominal defendant or another approved insurer.

Subsection 18 (1)

or the Commission may

may

Section 19

The Commission

An approved insurer

Subsection 23 (1)

the Commission

an approved insurer

Section 25

The Commission

An approved insurer

Subsection 27 (2)

the Commission

an approved insurer

Subsection 29 (1)

the Commission, (first mention)

an approved insurer,

Subsection 29 (1)

the Commission, (second mention)

the approved insurer,

Subsection 29 (2)

Commission

approved insurer

Subsection 29 (3)

Commission

approved insurer

Paragraph 29 (4) (b)

Commission

approved insurer

Section 29A

the Commission (first mention)

an approved insurer

Section 29A

the Commission (second mention)

the approved insurer

Subsection 30 (1)

the Commission (first mention)

an approved insurer

Subsection 30 (1)

the Commission (second and third mentions)

the approved insurer

Subsection 30 (3)

the Commission (first mention)

an approved insurer

Subsection 30 (3)

the Commission (second mention)

the approved insurer

Subsection 33 (3)

the Commission,

an approved insurer,

Schedule

MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943

MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 (WA) (CKI)

Schedule

The INSURANCE COMMISSION OF WESTERN AUSTRALIA,

[The approved insurer],

Schedule

Motor Vehicle (Third Party Insurance) Act 1943,

Motor Vehicle (Third Party Insurance) Act 1943 (wa) (cKi),

Schedule,
Conditions,
clause 3

The Commission

[The approved insurer]

 


 

Schedule 2        Amendments of Motor Vehicle (Third Party Insurance) Regulations 1962 (WA) (CKI)

(section 4)

[1]         Regulation 3, definition of local authority

omit

[2]         Regulation 23

omit

sections

insert

provisions

[3]         Regulation 23, table

substitute

Provision of the Act

Instrument or document

Number of Form

Subsection 7 (3)

Notice of claim

1

Subsection 8 (5)

Notice of claim to the nominal defendant

2

Subsection 10 (1)

Notice of happening of accident to be given to the approved insurer or nominal defendant

3

Subsection 10 (3)

Notice of claim by insured person to the approved insurer or nominal defendant

4

Paragraph 12 (1) (b)

Notice of claim by medical practitioner, nurse or other person to the approved insurer or nominal defendant

5

Section 29

Notice of intention to make claim

7

[4]         Regulation 24

omit

Every local authority

insert

The Director General

[5]         Regulation 24

omit the first mention of

the Trust

insert

each approved insurer

[6]         Paragraph 24 (a)

omit

Trust

insert

approved insurer

[7]         Paragraph 24 (c)

omit

[8]         Paragraph 24 (d)

omit

Trust

insert

approved insurer

[9]         Regulation 26

substitute

26            Emergency treatment — ambulance

                For subparagraph 12 (1) (b) (iii) of the Act, the amount to be paid to an ambulance service that carries an injured person from an accident is the sum of:

                (a)    $45 as the call out fee; and

               (b)    the amount calculated according to the following formula:

$1.20 ´ K

where K is the number of kilometres (except the first 10 kilometres) travelled by the ambulance.

[10]      Regulations 27, 28 and 29

omit

[11]      Regulation 30

substitute

30            Issue of licence is evidence that premium has been paid

                The issue of a licence for a motor vehicle by the Director General, under the provisions of the Road Traffic Act 1974 and the regulations made under that Act, is conclusive evidence that, before, or at the time of, the issue of the licence, the appropriate premium determined by the relevant approved insurer for the vehicle and the period of the licence was paid to the Director General.

[12]      Regulation 30A

omit

a local authority

insert

the Director General

[13]      Regulation 30B

omit

a local authority

insert

the Director General

[14]      Regulation 30B

omit

the local authority

insert

the Director General

[15]      Regulation 30B

omit

Trust.

insert

relevant approved insurer.

[16]      Regulations 31 and 32

omit

[17]      Appendix

omit each mention of

Western Australia

insert

Cocos (Keeling) Islands

[18]      Appendix

omit each mention of

Motor Vehicle (Third Party Insurance) Act 1943

insert

Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CKI)

[19]      Appendix, Form 1

omit

the Motor Vehicle Insurance Trust:

insert

the nominal defendant:

[20]      Appendix, Form 2, heading

omit

Notice of claim by injured person to the TRUST

insert

Notice of claim by injured person to the nominal defendant

[21]      Appendix, Form 2

omit

the Motor Vehicle Insurance Trust:

insert

the nominal defendant:

[22]      Appendix, Form 3

omit

the Motor Vehicle Insurance Trust:

insert

the approved insurer/nominal defendant:

[23]      Appendix, Form 4, heading

omit

Notice of claim to the Trust by insured person

insert

Notice of claim to the approved insurer or nominal defendant by insured person

[24]      Appendix, Forms 4 and 5

omit

the Motor Vehicle Insurance Trust:

insert

the approved insurer/nominal defendant:

[25]      Appendix, Form 6

omit

[26]      Appendix, Form 7

omit

the Motor Vehicle Insurance Trust:

insert

the approved insurer/nominal defendant:

[27]      Appendix, Form 8

omit


 

Schedule 3        Amendment of Applied Laws (Implementation) Ordinance 1992

(section 5)

[1]         Schedule 1, Part 19 (Motor Vehicle (Third Party Insurance) Act 1943 (WA) (CKI))

omit

Note

1.       Notified in the Commonwealth of Australia Gazette on 15 October 2001.