Motor Vehicles (Third Party Insurance) Act 1942 (NSW)

Motor Vehicles (Third Party Insurance) Act 1942 No 15

An Act to require that owners and drivers of motor vehicles shall be insured against liability in respect of the death of or bodily injury to persons caused by or arising out of the use of motor vehicles; to make certain provisions with respect to the discharge of any such liability; to amend the Transport Act 1930, the Compensation to Relatives Act 1897 and certain other Acts; and for purposes connected therewith.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Motor Vehicles (Third Party Insurance) Act 1942.

2 Commencement (1) This Part shall commence on the day upon which the assent of His Majesty to this Act is signified. (2) Subject to subsection (1) this Act shall commence upon such date or dates as may be appointed and notified pursuant to subsection (3). (3) The Governor may, from time to time, appoint and notify by proclamation published in the Gazette the date upon which any Part or provision of this Act specified in the proclamation shall commence and may appoint and notify different dates for different Parts or provisions (whether contained in the same Part or section or in different Parts or sections) and the Part or provision so specified shall commence accordingly.

3 Application of Act This Act applies to and in respect of: (a) the registration or renewal of registration of a motor vehicle effected or required to be effected before 1 July 1987, (b) the issue of a trader's plate before 1 July 1987, (c) the use of a motor vehicle before 1 July 1987, and (d) the death of or bodily injury to a person arising out of the use, before 1 July 1987, of a motor vehicle.

4 (Repealed)

5 Interpretation (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: Bodily injury includes, in relation to a person, damage to the person's crutches, artificial members, eyes or teeth, other artificial aids or spectacle glasses. Commissioner means the Commissioner for Motor Transport. Driver includes the rider of a motor cycle and any person for the time being in charge of any motor vehicle, and driving has a corresponding meaning. Government Insurance Office means the Government Insurance Office of New South Wales established under the Government Insurance Act 1927. Insured motor vehicle means a motor vehicle in relation to which there is in force at all material times a third-party policy. Motor vehicle means any motor car, motor carriage, motor cycle or other vehicle propelled wholly or partly by any volatile spirit, steam, gas, oil or electricity, or by any means other than human or animal power, and includes a trailer, but does not include any vehicle used on a railway or tramway or any vehicle which is owned by the Commonwealth or by any person or body of persons representing the Commonwealth. Owner when used with reference to a motor vehicle means: (a) in a case where a trader's plate is affixed to the motor vehicle—the trader to whom such trader's plate is in issue, (b) in any other case: (i) where the motor vehicle is registered—the person in whose name the motor vehicle is registered except where such person has sold or ceased to have possession of the motor vehicle within the meaning of section 21, (ii) where the motor vehicle is unregistered, or where the motor vehicle is registered but the person in whose name the motor vehicle is registered has sold or ceased to have possession of the motor vehicle within the meaning of section 21—any person who solely or jointly or in common with any other person is entitled to the immediate possession of the motor vehicle. Public street means: (a) any street, road, lane, thoroughfare, footpath, or place open to or used by the public, and includes any place at the time open to or used by the public on the payment of money or otherwise, or (b) a recreation vehicle area within the meaning of the Recreation Vehicles Act 1983. Registered means: (a) registered under the Motor Traffic Act 1909, the Transport Act 1930 or the Recreation Vehicles Act 1983, or (b) registered in New South Wales under the Interstate Road Transport Act 1985 of the Commonwealth. Regulations means regulations made under this Act. Transport Accidents Compensation Fund means the Fund established under section 15 of the Transport Accidents Compensation Act 1987 and continued in accordance with Part 10 of the Motor Accidents Act 1988. Third-party policy means a policy of insurance which complies with the requirements of this Act. This Act includes the regulations. Trader's plate means a special number plate issued to a manufacturer or repairer of or dealer in motor vehicles in accordance with the regulations under the Motor Traffic Act 1909. Uninsured motor vehicle means: (a) a motor vehicle (not being a motor vehicle in respect of which persons are exempted by or under this Act from the provisions of section 7 (1)) which is not an insured motor vehicle, or (b) a motor vehicle which, under section 10 (6), is deemed to be an uninsured motor vehicle. (2) In the application of any provision of this Act to and in respect of a motor vehicle to which a trader's plate is affixed, a reference in such provision to the owner shall be construed as a reference to the trader, and a reference to the third-party policy in relation to that motor vehicle shall be construed as a reference to the third-party policy in relation to motor vehicles to which the trader's plate is affixed. (3) Where in any provision of this Act reference is made to the issue of a third-party policy such reference shall extend to and include the issue of a renewal of the third-party policy. (4) (Repealed)