motor vehicles (third party insurance) act 1942 no 15...department of motor transport third party...

New South Wales

Motor Vehicles (Third Party Insurance) Act 1942 No 15

Status information

Currency of versionHistorical version for 1 January 2011 to 30 June 2011 (generated 6 July 2011 at 10:17). Legislation on the NSW legislation website is usually updated within 3 working days.

Provisions in forceAll the provisions displayed in this version of the legislation have commenced. For commencement and other details see the Historical notes.

Does not include amendments by:Health Services Amendment (Local Health Districts and Boards) Act 2011 No 4 (not commenced)

This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel’sOffice and published on the NSW legislation website.

Contents

New South Wales


PagePart 1 Preliminary

1 Name of Act 22 Commencement 23 Application of Act 24 (Repealed) 25 Interpretation 26 Administration 4

6A Scheme 4

Part 2 Third partiesDivision 1 Insurance

7 Uninsured motor vehicle not to be driven on a public street 58 Conditions relative to registration of motor vehicles, issue of

traders’ plates etc 59 Issue of third-party policy 6

version for 1.1.2011 to 30.6.2011 (generated on 6.07.2011 at 10:17)


Contents

Page

10 Third-party policy 711 (Repealed) 1012 Cancellation of third-party policy 1013 Appeal against refusal to issue or against cancellation of policy

1114 Making of claims—identified motor vehicles 12

14A Making of claims—unidentified motor vehicles 1314B Exclusion of certain claims 1314C Service of documents on the GIO 1414D Payment of claims 1414E Joint hearing of certain proceedings 14

15, 16 (Repealed) 1517 Right of Government Insurance Office against unauthorised

drivers 1518 Government Insurance Office may take over proceedings etc1519 No contracting out of Act 1620 Duties of owner and driver 1621 Change of ownership of motor vehicle 1822 Change of ownership of trader’s business 1823 Offences 19

Division 2 Payments to hospitals etc24 Interpretation 1925 Payments in respect of certain matters 2026 Right of action against insured person by hospital etc 2227 Payments by the Government Insurance Office 24

Division 3 Motor omnibuses28 (Repealed) 24

Division 4 Recovery of certain amounts29–31A (Repealed) 24

32 Recovery from owner or driver 24

Part 3 Premiums33–33E (Repealed) 26

34 Use of motor vehicle where appropriate amount of insurance premium not paid 26

35 (Repealed) 26

Part 3A Awarding of damages35A Application 2735B Discount rate applicable to certain awards of damages 27

Contents page 2



Contents

Page

35C Maximum amount of damages for provision of certain services27

35D Payment of interest 28

Part 4 General36 Facilitation of proof 2937 Service of notices etc 2938 Owner and driver to give certain information 30

38A (Repealed) 3039 Court to apportion damages 3040 Offences 3041 General penalty 3042 Conviction not to affect civil remedy 3143 (Repealed) 3144 Amendment of Act No 31, 1897 3145 Regulations 3146 (Repealed) 32

Schedule 1 (Repealed) 33

NotesTable of amending instruments 34Table of amendments 38

Contents page 3



New South Wales

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

Historical version for 1.1.2011 to 30.6.2011 (generated on 6.07.2011 at 10:17)

Motor Vehicles (Third Party Insurance) Act 1942 No 15Section 1

Part 1 Preliminary1 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 orprovision of this Act specified in the proclamation shall commence andmay appoint and notify different dates for different Parts or provisions(whether contained in the same Part or section or in different Parts orsections) and the Part or provision so specified shall commenceaccordingly.

3 Application of ActThis 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’scrutches, artificial members, eyes or teeth, other artificial aids orspectacle glasses.Commissioner means the Commissioner for Motor Transport.Driver includes the rider of a motor cycle and any person for the timebeing in charge of any motor vehicle, and driving has a correspondingmeaning.

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Motor Vehicles (Third Party Insurance) Act 1942 No 15 Section 5

Government Insurance Office means the Government InsuranceOffice of New South Wales established under the GovernmentInsurance Act 1927.Insured motor vehicle means a motor vehicle in relation to which thereis in force at all material times a third-party policy.Motor vehicle means any motor car, motor carriage, motor cycle orother vehicle propelled wholly or partly by any volatile spirit, steam,gas, oil or electricity, or by any means other than human or animalpower, and includes a trailer, but does not include any vehicle used ona railway or tramway or any vehicle which is owned by theCommonwealth or by any person or body of persons representing theCommonwealth.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 inwhose name the motor vehicle is registered except wheresuch person has sold or ceased to have possession of themotor vehicle within the meaning of section 21,

(ii) where the motor vehicle is unregistered, or where themotor vehicle is registered but the person in whose namethe motor vehicle is registered has sold or ceased to havepossession of the motor vehicle within the meaning ofsection 21—any person who solely or jointly or incommon with any other person is entitled to the immediatepossession 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 orused by the public on the payment of money or otherwise, or

(b) a recreation vehicle area within the meaning of the RecreationVehicles 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 establishedunder section 15 of the Transport Accidents Compensation Act 1987

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and continued in accordance with Part 10 of the Motor Accidents Act1988.Third-party policy means a policy of insurance which complies with therequirements of this Act.This Act includes the regulations.Trader’s plate means a special number plate issued to a manufactureror repairer of or dealer in motor vehicles in accordance with theregulations 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 ofsection 7 (1)) which is not an insured motor vehicle, or

(b) a motor vehicle which, under section 10 (6), is deemed to be anuninsured motor vehicle.

(2) In the application of any provision of this Act to and in respect of amotor vehicle to which a trader’s plate is affixed, a reference in suchprovision 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 vehicleshall be construed as a reference to the third-party policy in relation tomotor vehicles to which the trader’s plate is affixed.

(3) Where in any provision of this Act reference is made to the issue of athird-party policy such reference shall extend to and include the issue ofa renewal of the third-party policy.

(4) (Repealed)

6 Administration(1) Subject to the control of the Minister this Act shall be administered in

the Department of Motor Transport by the Commissioner.(2) (Repealed)

6A Scheme(1) The provisions of this Act relating to third-party policies shall constitute

a scheme to be known as the “Department of Motor Transport ThirdParty Insurance Scheme”.

(2) The Government Insurance Office shall be the manager of theDepartment of Motor Transport Third Party Insurance Scheme.

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Part 2 Third parties

Division 1 Insurance7 Uninsured motor vehicle not to be driven on a public street

(1) Any person who uses or causes, permits or suffers any other person touse an uninsured motor vehicle upon a public street shall be guilty of anoffence against this Act and shall be liable to a penalty not exceeding 5penalty units.

(2), (3) (Repealed)(4) It shall be a sufficient defence in any proceedings for a contravention of

subsection (1) if the defendant proves to the satisfaction of the court thatat the time the vehicle was used upon the public street the defendant hadreasonable grounds for believing and did in fact believe that the motorvehicle was an insured motor vehicle.

8 Conditions relative to registration of motor vehicles, issue of traders’ plates etc(1) Registration or renewal of registration of a motor vehicle shall not be

granted unless and until there is lodged with the Commissioner:(a) (Repealed)(b) the appropriate amount of insurance premium in respect of the

insurance under a third-party policy with the GovernmentInsurance Office of the motor vehicle for a period commencingon the date of commencement and terminating on the date ofexpiration of the registration or renewal of registration.

(2) A trader’s plate shall not be issued (except under the circumstancesmentioned in subsection (3)) unless and until there is lodged with theCommissioner:(a) (Repealed)(b) the appropriate amount of insurance premium in respect of the

insurance under a third-party policy with the GovernmentInsurance Office of motor vehicles to which such trader’s plate isaffixed at any time whilst it is in issue.

(3) Where a third-party policy in relation to motor vehicles to which atrader’s plate is affixed is expressed to terminate upon a certain date andbefore such date the Commissioner issues in lieu of such trader’s plateand for a period expiring upon such date, another trader’s plate, suchthird-party policy shall enure in relation to motor vehicles to which suchother trader’s plate is affixed.

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9 Issue of third-party policy(1) (Repealed)(2) Upon lodgment under section 8 (1) (b) of the appropriate amount of

insurance premium, the Government Insurance Office shall be deemedto have been nominated as the insurer of the motor vehicle in respect ofwhich such amount was lodged and to have issued a third-party policy,duly stamped within the meaning of the Stamp Duties Act 1920, inrelation to such motor vehicle.

(2A) For the purposes of this Act, a policy referred to in subsection (2) shallbe deemed to be expressed:(a) to commence on the date of commencement of the registration or

renewal of registration or the date of lodgment of the amountreferred to in that subsection, whichever is the later, and

(b) to terminate on the date of expiration of the registration orrenewal of registration.

(3) Upon lodgment under section 8 (2) (b) of the appropriate amount ofinsurance premium, the Government Insurance Office shall be deemedto have been nominated as the insurer of motor vehicles to which thetrader’s plate, specified in the receipt for payment of such amount, isaffixed and to have issued a third-party policy, duly stamped within themeaning of the Stamp Duties Act 1920, in relation to such motorvehicles.

(3A) For the purposes of this Act, a policy referred to in subsection (3) shallbe deemed to be expressed:(a) to commence on the date of commencement shown in such

receipt or the date of lodgment of the amount referred to in thatsubsection whichever is the later, and

(b) to terminate on the date of expiration shown in such receipt.(4) Where a third-party policy is deemed to be issued pursuant to

subsection (2) or (3) it shall not, for the purposes of this or any otherAct, be necessary for the Government Insurance Office to make out,execute or issue a third-party policy.

(5) The Commissioner shall, at such times as may be agreed upon by theCommissioner and the Government Insurance Office, pay any amountof insurance premium lodged with the Commissioner in accordancewith section 8 (1) (b) or (2) (b) to the Government Insurance Office.

(6) (Repealed)

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10 Third-party policy(1) In order to comply with the requirements of this Act a policy of

insurance:(a) must be issued by the Government Insurance Office, and(b) (i) where such policy is issued in relation to a particular motor

vehicle must insure the owner of the motor vehiclementioned in the policy and any other person who at anytime drives the motor vehicle, whether with or without theauthority of the owner, jointly and each of them severally,against all liability incurred by that owner and that personjointly or by either of them severally, in respect of thedeath of or bodily injury to any person caused by or arisingout of the use of the motor vehicle in New South Wales andin such other parts (if any) of the Commonwealth ofAustralia as may be prescribed, or

(ii) where such policy is issued in relation to motor vehicles towhich a trader’s plate is affixed must insure the trader towhom the trader’s plate mentioned in the policy is in issueand any other person who at any time drives a motorvehicle to which such trader’s plate is affixed (whether thevehicle is so driven or the trader’s plate is so affixed withor without the authority of the trader) jointly and each ofthem severally, against all liability incurred by that traderand that person jointly or by either of them severally, inrespect of the death of or bodily injury to any personcaused by or arising out of the use of the motor vehicle towhich the trader’s plate is so affixed, in New South Walesand in such other parts (if any) of the Commonwealth ofAustralia as may be prescribed, and

(c) must be in the prescribed form.(2) A third-party policy shall not extend to insure the owner or driver of the

motor vehicle against:(a) a liability to pay compensation under the Workers’

Compensation Act 1926 to a worker employed by the owner ordriver, as the case may be,

(b) a liability which may be incurred by the owner or driver, as thecase may be, under an agreement unless the liability is one whichwould have arisen in the absence of such agreement.

(3) A policy of insurance which complies with the matters referred to insubsection (1) (a) and (b) shall not be prevented from being a third-partypolicy merely by reason of the fact that it contains any term, condition

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or warranty not contained in the prescribed form, but any such term,condition or warranty shall be void and of no effect.

(4) Where the death of or bodily injury to any person is caused by or arisesout of the use of an insured motor vehicle whilst a trader’s plate isaffixed to such motor vehicle, the third-party policy in relation to motorvehicles to which such trader’s plate is affixed shall (to the exclusion ofthe third-party policy in relation to the particular motor vehicle) be thepolicy under which, in respect of such death or bodily injury, any personwhom such policy purports to insure is insured.

(5) A third-party policy issued by the Government Insurance Office inrelation to a motor vehicle or in relation to motor vehicles to which atrader’s plate is affixed shall commence on the date on which it isexpressed to commence and, unless it is sooner cancelled pursuant tothis Act, shall continue in force:(a) in a case where the Government Insurance Office notifies the

Commissioner, at least 30 days before the date on which thepolicy is expressed to terminate, that it will not renew thepolicy—until such date,

(b) in a case, not provided for in paragraph (a), where anotherthird-party policy issued by the Government Insurance Office inrelation to that motor vehicle or in relation to motor vehicles towhich that trader’s plate is affixed commences during the periodof 15 days next following the date on which such first-mentionedpolicy is expressed to terminate—until such commencement,

(c) in any other case—until 15 days after the date on which it isexpressed to terminate or the last day of the month in which thatdate occurs, whichever is the later.

(6) Where the Government Insurance Office issues a renewal of athird-party policy in relation to a motor vehicle for a period expressedto terminate upon the date of expiration of a renewal of the registrationof the motor vehicle:(a) the insurance premium shall be payable as if such renewal of the

policy were expressed to commence from the date ofcommencement of the renewal of registration whether or not therenewal of the policy is so expressed,

(b) the Government Insurance Office shall not be liable under therenewal of the policy in respect of the death of or bodily injury toany person caused by or arising out of the use of the motorvehicle during the period (if any) between the date from whichthe renewal of the policy is expressed to commence and the dateof payment of the amount of insurance premium in respect of therenewal of the policy.

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(6A) While the Government Insurance Office is exempted under subsection(6) (b) from liability in respect of the death of or bodily injury to anyperson caused by or arising out of the use of a motor vehicle, and nothird-party policy is in force in relation to the motor vehicle whether byreason of the operation of subsection (5) or otherwise, such motorvehicle shall, for the purposes of this Act, be deemed to be an uninsuredmotor vehicle.

(7) Notwithstanding anything in any enactment other than this Act or anyrule of law the Government Insurance Office in issuing a third-partypolicy shall, in respect of any liability in respect of the death of or bodilyinjury to any person which the third-party policy purports to cover in thecase of the owner of the insured motor vehicle or any other person, beliable to indemnify such owner or person.

(8) Every third-party policy shall to the extent of the insurance effected bythat policy:(a) extend and as from the commencement of the Law Reform

(Miscellaneous Provisions) Act 1944 be deemed to haveextended, in any case where the insured person is dead, toindemnify the insured person’s estate against:(i) liability arising under any cause of action which, by virtue

of section 2 of that Act survives against the insuredperson’s estate,

(ii) liability arising by operation of section 2 (4) of that Act,(b) extend and as from the commencement of the Law Reform

(Miscellaneous Provisions) Act 1946, be deemed to haveextended to indemnify the insured person or in any case wherethe insured person is dead, to indemnify the insured person’sestate against:(i) liability arising where the insured person or, as the case

may be, the insured person’s estate has in any proceedingsbeen joined as an alternative defendant,

(ii) liability arising where the insured person or, as the casemay be, the insured person’s estate has served or has beenserved with a notice in writing under section 3 (1) of thatAct,

(iii) liability arising where the insured person or, as the casemay be, the insured person’s estate claims contributionfrom some other person as a joint tort-feasor or has a claimmade against the insured person or the insured person’sestate, as the case may be, as a joint tort-feasor.

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(9) In subsection (8), insured person means a person who is insured againstliability in respect of the death of or bodily injury to any other personcaused by or arising out of the use of a motor vehicle under:(a) a third-party policy, or(b) a policy of insurance complying with the provisions of any

statute which is in force in any prescribed part of theCommonwealth of Australia (other than this State) and whichrequires the owner or driver of a motor vehicle to be insuredagainst liability in respect of the death of or bodily injury to anyperson caused by or arising out of the use of the motor vehicle.

11 (Repealed)

12 Cancellation of third-party policy(1) (a) A third-party policy may be cancelled by the Government

Insurance Office if another third-party policy is in force inrelation to the same motor vehicle or in relation to motor vehiclesto which the same trader’s plate is affixed, and such other policyis expressed to terminate not earlier than the date upon which thefirst-mentioned policy was expressed to terminate.

(b) Where the Government Insurance Office cancels a third-partypolicy under this subsection it shall forthwith notify theCommissioner of the fact.

(2) Where the registration of an insured motor vehicle is cancelled by theCommissioner, or a trader’s plate is delivered to the Commissioner,before the date on which the third-party policy is expressed to terminate,the Government Insurance Office shall, upon application by the ownerof the motor vehicle or the trader, as the case may be, but subject to anyconditions which may be prescribed by the regulations, cancel suchpolicy.

(3) Where the Commissioner refuses the renewal of or cancels theregistration of an insured motor vehicle on the ground that the vehicleor its parts or equipment is not in a thoroughly serviceable condition ordoes not comply with requirements prescribed by or under the MotorTraffic Act 1909 or the Recreation Vehicles Act 1983, theCommissioner shall forthwith give to the Government Insurance Officea notice in writing of such cancellation or refusal.

(4) (a) In any case not provided for in subsection (1) or subsection (2), athird-party policy may be cancelled by the GovernmentInsurance Office after a notice specifying a date, not being earlierthan 30 days after service of the notice, upon which theGovernment Insurance Office proposes to cancel such policy hasbeen served on the Commissioner and (except where the owner

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of the motor vehicle or the trader has applied to the GovernmentInsurance Office for cancellation of the policy) on the owner ofthe motor vehicle or the trader, as the case may be.

(b) Where an appeal is lodged on or before the date specified in thenotice, the third-party policy shall not be cancelled unless anduntil the proposed cancellation is confirmed by the court or theappeal is for any reason dismissed.

(c) Where the Government Insurance Office cancels a third-partypolicy under this subsection it shall forthwith notify theCommissioner of the fact.

(5) Whilst the registration of a motor vehicle is current or a trader’s plate isin issue the Government Insurance Office shall not (whether uponapplication by the owner of the motor vehicle or the trader, orotherwise) cancel the third-party policy except:(a) under the circumstances and subject to the conditions prescribed

by or under this section, or(b) under such other circumstances and subject to such conditions as

may be prescribed by the regulations.(6) The cancellation of any third-party policy shall not exempt the

Government Insurance Office from any liability, whether under thepolicy or under this Act, accrued or incurred before such cancellation.

13 Appeal against refusal to issue or against cancellation of policy(1) Where the Government Insurance Office refuses to issue to any person

a third-party policy or gives notice of intention to cancel a third-partypolicy issued to any person there shall be a right of appeal to the DistrictCourt or the Local Court.

(2) Any such appeal shall be in the nature of a rehearing and where made tothe District Court shall be made in accordance with rules of court andwhen made to the Local Court shall be made in accordance withregulations made in that behalf.

(3) On any such appeal the court may make such order as it thinks fit,having regard to the merits of the case and the public welfare.

(3A) Without prejudice to the generality of the power conferred bysubsection (3) the court may direct that the third-party policy be issuedupon payment of a premium at the amount specified in the order or thatthe notice of intended cancellation of a policy be withdrawn uponpayment of an additional amount to be specified in the order by way ofpremium.

(4) (a) If any party to any such appeal made to the District Court isdissatisfied with the ruling, order, direction or decision of the

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District Court in point of law or upon the admission or rejectionof evidence such party may appeal from the same to the SupremeCourt.

(b) If any party to any such appeal made to the Local Court isdissatisfied with the determination or order of the Local Courtsuch party may appeal from the same under and in accordancewith Part 3 of the Crimes (Appeal and Review) Act 2001, and theprovisions of that Part shall, mutatis mutandis, apply to and inrespect of such appeal as if the same were an appeal from adetermination or order of a justice or justices.

14 Making of claims—identified motor vehicles(1) Every claim for damages in respect of the death of or bodily injury to

any person caused by or arising out of the use of a motor vehicle, theidentity of which is established and which, at the time the circumstancesresulting in the death or bodily injury occurred, was:(a) in the case of an insured motor vehicle, being used in any place,

whether within New South Wales or otherwise, or(b) in the case of an uninsured motor vehicle, being used on any

public street in New South Wales,being a claim which, but for this section, could be made against theowner or driver of the motor vehicle, shall be made against theGovernment Insurance Office and any proceedings to enforce any suchclaim for damages shall be taken against the Government InsuranceOffice and not against the owner or driver of the motor vehicle.

(2) A claim referred to in subsection (1) may be made and proceedings soreferred to may be taken notwithstanding that the owner or driver of themotor vehicle is dead or cannot be found or is the spouse of the personwhose death or to whom bodily injury has been caused.

(3) In respect of a claim referred to in subsection (1), the GovernmentInsurance Office shall, except as provided by section 14D, be liable asif it were the owner or driver of the motor vehicle in relation to whichthe claim is made.

(4) Where, in relation to the death of or bodily injury to any person causedby or arising out of the use of a motor vehicle, a claim lies against aninsurer, otherwise than under a third-party policy, nothing in this sectionor section 14D limits or otherwise affects the making of any such claimor prevents the recovery of any contribution by the GovernmentInsurance Office as the insurer under the third-party policy from anyother insurer.

(5) Nothing in this section affects the liability of a driver referred to insection 17.

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Motor Vehicles (Third Party Insurance) Act 1942 No 15 Section 14A

(6) Subsection (1) (as inserted by the Motor Vehicles (Third PartyInsurance) Amendment Act 1984) does not apply, and is taken never tohave applied, to a claim for damages in respect of the death of or bodilyinjury to an employee if:(a) the death or injury arises out of or in the course of the

employment of the employee, and(b) the claim is made by or in relation to the employee and against

the employer (in the capacity of employer).Subsection (4) extends to a claim to which this subsection applies.

(7) Subsection (6) (and the amendment made to section 35A by the MotorVehicles (Third Party Insurance) Amendment Act 1993):(a) do not affect the order made by the Court of Appeal in Nikolovsky

v GIO and Anor of 11 September 1992 or any other order of acourt made before the commencement of subsection (6), and

(b) do not prevent the continuation of any pending proceedings,namely, proceedings brought (but not finally disposed of) beforethe commencement of subsection (6).

Proceedings against the employer (as referred to in subsection (6)) maybe brought instead of, or in addition to, any such pending proceedingsagainst the Government Insurance Office, despite any restriction in theLimitation Act 1969.

14A Making of claims—unidentified motor vehicles(1) Where the death of or bodily injury to any person is caused by or arises

out of the use of a motor vehicle upon a public street in New SouthWales but the identity of the motor vehicle cannot after due inquiry andsearch be established, any person who could have enforced a claim fordamages against the owner or driver of the motor vehicle in respect ofthe death or bodily injury may enforce against the GovernmentInsurance Office the claim which the secondmentioned person couldhave enforced against the owner or driver of the motor vehicle.

(2) The inquiry and search referred to in subsection (1) may be provedorally or by the affidavit of the person who made the inquiry and search.

14B Exclusion of certain claimsNothing in section 14 or 14A entitles a person to make a claim fordamages in respect of the death of or bodily injury to any person causedby or arising out of the use of a motor vehicle which, at the time thecircumstances resulting in the death or bodily injury occurred, wasregistered pursuant to the law of a place other than New South Walesunless the motor vehicle was so registered under the Interstate RoadTransport Act 1985 of the Commonwealth and there was in force in

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Motor Vehicles (Third Party Insurance) Act 1942 No 15Section 14C

respect of that vehicle a third-party policy issued by the GovernmentInsurance Office.

14C Service of documents on the GIOA document required or authorised by this Act or any other law to bedelivered to or served upon the Government Insurance Office in respectof a claim under section 14 or 14A shall be sufficiently delivered orserved if delivered to, or sent by post in a prepaid letter addressed to, theGovernment Insurance Office at an address prescribed for the purposesof this section.

14D Payment of claimsThe Government Insurance Office shall not be personally liable to payany amount payable in satisfaction of any claim made under section 14or 14A, any judgment recovered against it or the amount of any costs orexpenses incurred by it in relation to any such claim or to theproceedings in which the judgment was obtained, but every suchamount shall be paid by the Government Insurance Office out of theTransport Accidents Compensation Fund.

14E Joint hearing of certain proceedings(1) Where 2 or more proceedings have been commenced against the

Government Insurance Office by persons who would, but for section 14,be parties to the same proceedings or could, but for section 14, be joinedas parties to the same proceedings, a court before which thoseproceedings or any of those proceedings have been commenced shall,on the application of the Government Insurance Office, order that thoseproceedings be heard at the same time.

(2) Where proceedings referred to in subsection (1) have been commencedin different courts, the court to which an application under thatsubsection is made shall, when making an order under subsection (1),order that the proceedings not commenced in that court be transferredto it.

(3) Where, in relation to proceedings which have been transferred from theDistrict Court of New South Wales to the Supreme Court of New SouthWales in accordance with an order under subsection (2):(a) an order for costs is made against the plaintiff, the plaintiff shall

pay those costs assessed as if those proceedings had beenconducted in the District Court, or

(b) an order for costs is made against the Government InsuranceOffice, the Government Insurance Office shall pay those costsassessed:(i) in accordance with the rules of the Supreme Court, or

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(ii) as if those proceedings had been conducted in the DistrictCourt,

whichever assessment is the higher.(4) Notwithstanding subsections (1) and (2), a court, in relation to an

application under subsection (1), may refuse to make an order referredto in those subsections, or may make any other order, if the court is ofthe opinion that, in the interests of justice, it is desirable to do so.

15, 16 (Repealed)

17 Right of Government Insurance Office against unauthorised driversWhere the death of or bodily injury to any person is caused by or arisesout of the use of an insured motor vehicle and that motor vehicle was atthe time of the occurrence out of which such death or injury arose drivenby a person without the authority of the owner or without reasonablegrounds for believing that the driver had the authority of the owner,then:(a) such driver shall not be entitled to recover from the Government

Insurance Office any sum on account of any moneys (includingcosts) paid or payable by such driver in respect of the driver’sliability in respect of such death or bodily injury, but any amountnecessary to satisfy such liability shall be paid by theGovernment Insurance Office to the person to whom the liabilitywas incurred, and

(b) any sum properly paid by the Government Insurance Office in ortowards the discharge of the liability of any person in respect ofsuch death or bodily injury shall be recoverable by theGovernment Insurance Office from such driver.

18 Government Insurance Office may take over proceedings etc(1) The Government Insurance Office:

(a) may undertake the settlement of any claim against any person inrespect of a liability against which that person is insured underthe third-party policy,

(b) may take over during such period as it thinks proper the conducton behalf of such person of any proceedings taken or had toenforce such claim or for the settlement of any question arisingwith reference thereto,

(c) may defend or conduct such proceedings in the name and onbehalf of such person, and

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(d) shall indemnify such person against all costs and expenses of orincidental to any such proceedings while the GovernmentInsurance Office retains the defence or conduct thereof.

(2) The person referred to in subsection (1) shall sign all such warrants andauthorities as the Government Insurance Office requires for the purposeof enabling the Government Insurance Office to have the defence orconduct of any proceedings referred to in that subsection and, in defaultof the person signing all such warrants and authorities, the court inwhich such proceedings are pending may order that the same be signedby the Government Insurance Office on behalf of such person.

(3) Nothing said or done by or on behalf of the Government InsuranceOffice in connection with the settlement of any such claim or thedefence or conduct of any such proceedings shall be regarded as anadmission of liability in respect of or shall in any way prejudice anyother claim, action or proceeding arising out of the same occurrence.

19 No contracting out of Act(1) Any provision, stipulation, covenant or condition in any agreement

(whether made before or after the commencement of this Act) whichnegatives, limits or modifies or purports to negative, limit or modify theoperation of the provisions of this Act shall be void and of no effect.

(2) Any contract whereby the liability of the owner of a public motorvehicle used for the conveyance of passengers in respect of the death ofor bodily injury to any passenger thereon is negatived, limited ormodified shall be void.

(3) In this section passenger includes any person (other than the driver)who is in or upon, entering or getting on to or alighting from the motorvehicle.

20 Duties of owner and driver(1) Where the death of or bodily injury to any person is caused by or arises

out of the use of a motor vehicle (not being a motor vehicle in respectof which persons are exempted by or under this Act from the provisionsof section 7 (1)) the following provisions shall have effect:(a) The owner shall, as soon as practicable after the occurrence

which resulted in such death or bodily injury, or, if the owner wasnot then driving the motor vehicle, as soon as practicable after theowner became aware of the occurrence, give a notification inwriting of the occurrence with particulars as to the date, natureand circumstances thereof, to the Government Insurance Office.

(b) If at the time of the occurrence the person driving the motorvehicle (in this section hereinafter referred to as the driver) was

Page 16



not the owner of the motor vehicle, the driver shall as soon aspracticable give a notification in writing:(i) to the owner of the motor vehicle, or

(ii) to the Government Insurance Office,being a notification of the occurrence with particulars as to thedate, nature and circumstances thereof.

(c) The owner and the driver, or either of them, shall give suchinformation, in addition to the information referred to inparagraphs (a) and (b), and shall take such steps as theGovernment Insurance Office may reasonably require, whetheror not any claim has been made in respect of such death or bodilyinjury.

(d) Neither the owner nor the driver shall, without the consent inwriting of the Government Insurance Office, make any offer,promise, payment or settlement or any admission of liability inrespect of such death or bodily injury.

(e) Where the motor vehicle is an insured motor vehicle:(i) the owner or the driver, as the case may be, shall forthwith

give to the Government Insurance Office a notification inwriting of every notice of intention to make a claim givento and of every claim made or action brought against theowner or driver, as the case may be, in respect of suchdeath or bodily injury,

(ii) the owner shall, where the owner becomes aware thatnotice of intention to make a claim has been given to, or aclaim has been made or an action brought against thedriver in respect of such death or bodily injury, forthwithgive to the Government Insurance Office a notification inwriting thereof,

(iii) neither the owner nor the driver shall, without the consentin writing of the Government Insurance Office, enter uponor incur the expense of litigation in respect of any liabilityagainst which the owner or driver is insured under thethird-party policy.

(2) It shall be a sufficient compliance with any requirement of subsection(1) as to the giving of a notification by the owner or the driver if thenotification is given by some person on the owner’s or driver’s behalf.

(3) A notification given under this section shall not be subject to discoveryand shall not be admissible in evidence in any proceedings (whether ornot for an offence against this or any other Act) except proceedings forfailure to comply with or observe the requirements of this section.

(4) This section shall not apply in any case where:

Page 17



(a) the person suffering the death or bodily injury was the owner ofthe motor vehicle, and

(b) the motor vehicle was at the time of the occurrence being drivenby such owner.

21 Change of ownership of motor vehicle(1) Every third-party policy in relation to a motor vehicle shall enure in

favour of the owner for the time being and the driver, notwithstandingany change in the ownership of the motor vehicle, but shall cease tohave effect when another third-party policy in relation to that motorvehicle comes into force except in relation to any liability, whetherunder the policy or under this Act, accrued or incurred before such otherthird-party policy came into force.

(2) The regulations may require that as soon as practicable after the ownerof an insured motor vehicle sells or ceases to have possession of themotor vehicle:(a) the owner shall give a notice in the prescribed form to the

Government Insurance Office,(b) the person who has purchased or acquired possession of the

insured motor vehicle shall give a notice in the prescribed formto the Government Insurance Office.

(3) For the purposes of this section a person shall be deemed not to haveceased to have possession or, as the case may be, not to have acquiredpossession of an insured motor vehicle where a change of possessionoccurs by way of:(a) any hiring (not being a hiring under a hire-purchase agreement)

or lending of a motor vehicle for a period not exceeding threemonths, or

(b) the passing of the possession of a motor vehicle to a bailee for thepurpose of sale or disposal or for the purpose of alteration, repair,renovation, garaging, storing or other like purpose not involvingthe use of the motor vehicle for the benefit of the bailee.

22 Change of ownership of trader’s business(1) Every third-party policy in relation to motor vehicles to which a trader’s

plate issued in respect of any business is affixed shall enure in favour ofthe person who for the time being is carrying on such business and thedriver of any such motor vehicle, notwithstanding any change in theownership of such business, but shall cease to have effect when anotherthird-party policy in relation to motor vehicles to which that trader’splate is affixed comes into force, except in relation to any liability,

Page 18



whether under the policy or under this Act, accrued or incurred beforesuch other third-party policy came into force.

(2) The regulations may require that as soon as practicable after the sale orother disposal of any business in respect of which a trader’s plate is inissue:(a) the former owner of the business shall give a notice in the

prescribed form to the Government Insurance Office,(b) the new owner of the business shall give a notice in the prescribed

form to the Government Insurance Office.

23 Offences(1) (Repealed)(2) Any person, other than the Government Insurance Office, who

undertakes, or offers to undertake insurance business in terms of thisAct, shall be guilty of an offence against this Act and shall be liable toa penalty not exceeding 10 penalty units.

(3) Any person who in or with respect to any proposal for a third-partypolicy knowingly makes any false statement or misrepresentation withregard to any material fact or thing or fails to disclose any material factor thing of which that person has knowledge shall be guilty of anoffence against this Act.

Division 2 Payments to hospitals etc24 Interpretation

(1) In this Division:Ambulance vehicle means a vehicle which is fitted or equipped orconstructed for use for the conveyance of sick or injured persons andwhich is controlled by the Health Administration Corporationconstituted by the Health Administration Act 1982.Hospital means a public hospital, or a private health facility licensedunder the Private Health Facilities Act 2007, and includes a hospital orinstitution in the nature of a hospital conducted by or on behalf of theState.Massage treatment means massage rendered by a person who carries onthe profession of masseur and includes any ancillary treatment renderedby such person, but does not include any such massage or treatmentwhich is rendered:(a) to a patient in a public hospital, unless such patient has been

classified as a private or intermediate patient,

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(b) to any patient in a hospital, by a person who is a paid employeeof the hospital and who, in the course of that person’semployment at the hospital, normally works for at least 30 hoursper week.

Masseur means a person by whom massage treatment is rendered.Medical treatment does not include treatment which is rendered:(a) to a patient in a public hospital, unless such patient has been

classified as a private or intermediate patient,(b) to any patient in a hospital by a resident medical officer of such

hospital.Nursing includes treatment by a registered nurse.Public hospital means:(a) a public hospital within the meaning of the Health Services Act

1997 controlled by a local health network or the Crown, or(b) a statutory health corporation or affiliated health organisation

within the meaning of that Act.(2) Where, at a public hospital, a person receives, as an out-patient,

treatments of different kinds or at different places, each treatment shall,for the purposes of sections 25 (1) (b) and 26 (1) (b), be counted as aseparate treatment.

25 Payments in respect of certain matters(1) Where the death of or bodily injury to any person is caused by or arises

out of the use of a motor vehicle, not being a motor vehicle in respect ofwhich persons are exempted by or under this Act from the provisions ofsection 7 (1), and where any payment is made (whether or not with anadmission of liability) by the Government Insurance Office in respectof such death or bodily injury, then:(a) if the person received, in respect of the bodily injury or the injury

which caused the person’s death, treatment at a public hospital asan in-patient, there shall also be paid by the GovernmentInsurance Office to the proper officer for each day or part of a dayof the treatment of the person, an amount estimated by theMinister for Health and last notified, as the daily average cost tothat hospital of the hospital treatment of in-patients,

(b) if the person received, in respect of the bodily injury or the injurywhich caused the person’s death, treatment at a public hospital asan out-patient, there shall also be paid by the GovernmentInsurance Office to the proper officer in respect of each separatetreatment of the person, an amount estimated by the Minister forHealth and last notified, as the average cost to that hospital, foreach separate treatment, of the hospital treatment of out-patients,

Page 20



(c) if the person received, in respect of the bodily injury or the injurywhich caused the person’s death, treatment (whether as anin-patient or as an out-patient) at a hospital other than a publichospital, there shall also be paid by the Government InsuranceOffice to the proper officer an amount calculated in accordancewith a scale to be prescribed by the regulations, but not exceedingthe maximum amount (if any) so prescribed, and

(d) if the person, as a consequence of any such injury, was conveyedin any ambulance vehicle, there shall also be paid by theGovernment Insurance Office to the proper officer an amountcalculated in accordance with a scale to be prescribed by theregulations, but not exceeding the maximum amount (if any) soprescribed, and

(e) if the person received, in respect of any such injury, reasonablynecessary medical treatment by a legally qualified medicalpractitioner, or reasonably necessary massage treatment by amasseur, or reasonably necessary dental treatment (otherwisethan as hospital treatment) by a registered dentist, or reasonablynecessary nursing (otherwise than as hospital treatment) by aregistered nurse, there shall also be paid by the GovernmentInsurance Office to such medical practitioner, masseur, dentist,or nurse, as the case may be, such amount as is reasonablyappropriate to the treatment or nursing afforded, having regard tothe reasonable necessity therefor and the customary charge madein the community for such treatment or nursing.

(2) (Repealed)(3) Any amount payable under this section by the Government Insurance

Office may be recovered as a debt from it by the proper officer, medicalpractitioner, masseur, dentist, or nurse to whom, under the terms of thissection, the amount is payable.

(4) The estimated costs referred to in subsection (1) (a) and (b) shall, inrespect of any public hospital, be based, wherever practicable, on thecosts incurred by that hospital for the year which ended on 30 June nextpreceding any date on which it is proposed to notify the costs, pursuantto either of those paragraphs, in respect of that hospital.

(5) Any regulation made in relation to any matter referred to in subsection(1) (c) or (d) may prescribe different scales and different maximumamounts or different scales or different maximum amounts in respect ofdifferent classes of hospital treatment or conveyance or according todifferent circumstances.

(6) In this section:notified means notified in the Gazette by the Minister for Health.

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proper officer means the officer or person generally or speciallyauthorised by law or by the person or body governing or controlling thehospital or the ambulance vehicle, as the case may be, to receive anyamount payable under subsection (1) (a), (b), (c) or (d).

26 Right of action against insured person by hospital etc(1) Where liability at law is incurred in respect of the death of or bodily

injury to any person caused by or arising out of the use of a motorvehicle, not being a motor vehicle in respect of which persons areexempted by or under this Act from the provisions of section 7 (1), then:(a) if the person received, in respect of the bodily injury or the injury

which caused that person’s death, treatment at a public hospitalas an in-patient, the proper officer may, in the name and on behalfof the person, and notwithstanding that the person may be dead,recover for each day or part of a day of the treatment of theperson, an amount estimated by the Minister for Health and lastnotified, as the daily average cost to that hospital of the hospitaltreatment of in-patients,

(b) if the person received, in respect of the bodily injury or the injurywhich caused that person’s death, treatment at a public hospitalas an out-patient, the proper officer may, in the name and onbehalf of the person, notwithstanding that the person may bedead, recover in respect of each separate treatment of the person,an amount estimated by the Minister for Health and last notified,as the average cost to that hospital, for each separate treatment,of the hospital treatment of out-patients,

(c) if the person received, in respect of the bodily injury or the injurywhich caused that person’s death, treatment (whether as anin-patient or as an out-patient) at a hospital other than a publichospital, the proper officer may, in the name and on behalf of theperson, and notwithstanding that the person may be dead, recoveran amount calculated in accordance with a scale to be prescribedby the regulations, but not exceeding a maximum amount (if any)so prescribed,

(d) if the person, as a consequence of any such injury, was conveyedin any ambulance vehicle the proper officer may, in the name andon behalf of the person, notwithstanding that the person may bedead, recover an amount calculated in accordance with a scale tobe prescribed by the regulations, but not exceeding the maximumamount (if any) so prescribed, and

(e) if the person received, in respect of any such injury, reasonablynecessary medical treatment by a legally qualified medicalpractitioner, or reasonably necessary massage treatment by amasseur, or reasonably necessary dental treatment (otherwise

Page 22



than as hospital treatment) by a registered dentist, or reasonablynecessary nursing (otherwise than as hospital treatment) by aregistered nurse, the medical practitioner, masseur, dentist, ornurse, as the case may be, may, in the name and on behalf of theperson, and notwithstanding that the person may be dead, recoversuch amount as is reasonably appropriate to the treatment ornursing afforded, having regard to the reasonable necessitytherefor and the customary charge made in the community forsuch treatment or nursing.

(1A) Any amount recoverable under subsection (1) may be recovered by wayof damages from the Government Insurance Office.

(2) (Repealed)(3) (a) No action under this section for the recovery of any amount

referred to in this section shall be commenced:(i) in any case where the Government Insurance Office has

made a payment (whether or not with an admission ofliability) in respect of the death or bodily injury,

(ii) in any case where, in respect of such death or bodily injury,proceedings have been taken for compensation under theWorkers’ Compensation Act 1926, or for the recovery ofdamages, unless and until such proceedings have beendismissed for want of prosecution or otherwisediscontinued,

(iii) in any other case until 6 months at least after theoccurrence out of which such death or bodily injury arose.

(b) Where any such action has been commenced by the properofficer, medical practitioner, masseur, dentist, or nurse, andbefore such action has been completed proceedings arecommenced by any other person for compensation under theWorkers’ Compensation Act 1926, or for the recovery ofdamages, in respect of the death or bodily injury aforesaid suchaction shall be stayed pending completion of the proceedings.

(3A) If as a result of such proceedings compensation is paid or a payment ismade under section 25 such action shall abate.

(4) Any payment by the Government Insurance Office in settlement of anyclaim made or in satisfaction of any judgment recovered under thissection shall be made direct to the proper officer, medical practitioner,masseur, dentist, or nurse, as the case may be.

(5) The estimated costs referred to in subsection (1) (a) and (b) shall, inrespect of any public hospital, be based, wherever practicable, on thecosts incurred by that hospital for the year which ended on 30 June next

Page 23



preceding any date on which it is proposed to notify the costs, pursuantto either of those paragraphs, in respect of that hospital.

(6) Any regulation made in relation to any matter referred to in subsection(1) (c) or (d) may prescribe different scales and different maximumamounts or different scales or different maximum amounts in respect ofdifferent classes of hospital treatment or conveyance or according todifferent circumstances.

(7) In this section:notified means notified in the Gazette by the Minister for Health.proper officer means the officer or person generally or speciallyauthorised by law or by the person or body governing or controlling thehospital or the ambulance vehicle, as the case may be, to conductproceedings for the recovery of any amount recoverable undersubsection (1) (a), (b), (c) or (d).

27 Payments by the Government Insurance OfficeAny payment by the Government Insurance Office under and inaccordance with section 25 or section 26 in respect of treatment,conveyance, or nursing shall, to the extent of such payment, but subjectto section 32, be a discharge of the liability of any person in respect ofsuch treatment, conveyance or nursing.

Division 3 Motor omnibuses28 (Repealed)

Division 4 Recovery of certain amounts29–31A (Repealed)

32 Recovery from owner or driver(1) Any amount properly paid by the Government Insurance Office in

satisfaction of a claim made under section 14 in respect of an uninsuredmotor vehicle or under section 14A in respect of a motor vehicle, anyjudgment recovered against it and the amount of any costs and expensesproperly incurred by it in relation to any such claim or to theproceedings in which the judgment was obtained may be recovered bythe Government Insurance Office as a debt from the person who, at thetime of the occurrence out of which such claim arose or in respect ofwhich such judgment was obtained, was the owner of the motor vehicleor, where at the time of such occurrence some other person was drivingthe vehicle, from the owner and the driver jointly or from either of themseverally:

Page 24



Provided that:(a) it shall be a sufficient defence in any proceedings under this

section against the owner (whether severally or jointly with thedriver) if the owner establishes to the satisfaction of the courtthat, at the time of the occurrence, some other person was drivingthe motor vehicle without the owner’s authority,

(b) it shall be a sufficient defence in any proceedings under thissection against the driver of an uninsured motor vehicle (whetherseverally or jointly with the owner) if the driver establishes to thesatisfaction of the court that, at the time of the occurrence, thedriver was driving the motor vehicle with the authority of theowner or had reasonable grounds for believing and did in factbelieve that the driver had such authority, and that the driver hadreasonable grounds for believing and did in fact believe that themotor vehicle was an insured motor vehicle.

(2) (Repealed)

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Part 3 Premiums33–33E (Repealed)

34 Use of motor vehicle where appropriate amount of insurance premium not paid(1) Any person who uses or causes, permits or suffers any other person to

use upon a public street any insured motor vehicle shall, if theappropriate amount of insurance premiums payable in relation theretohas not been paid, be guilty of an offence against this Act and shall beliable to a penalty not exceeding 0.5 penalty unit for every day on whichit is so used.

(2) The Government Insurance Office may recover as a debt from any suchperson, the difference between the amount of premium (if any) actuallypaid in relation to such motor vehicle and the appropriate amount ofpremium.

(3) Notwithstanding any other provisions of this Act failure by any personto lodge or pay in full the appropriate amount of insurance premium inrespect of the insurance of a motor vehicle (whether such failure is dueto error or omission, or to any change of circumstances or other matteraffecting the amount payable as the appropriate amount of insurancepremium) shall not affect the validity of any third-party policy issued ordeemed to have been issued, nor any registration of the motor vehicle.

35 (Repealed)

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Motor Vehicles (Third Party Insurance) Act 1942 No 15 Section 35A

Part 3A Awarding of damages35A Application

This Part applies to and in respect of an award of damages:(a) which relates to the death of or bodily injury to a person caused

by or arising out of the use of a motor vehicle, and(b) which is payable out of the Transport Accidents Compensation

Fund,but does not include an award of damages in respect of a claim to whichsection 14 (6) applies.

35B Discount rate applicable to certain awards of damages(1) Where an award of damages to which this Part applies is to include

compensation, assessed as a lump sum, in respect of damage for futureloss which is referable to:(a) deprivation or impairment of earning capacity,(b) loss of the expectation of financial support, or(c) a liability to incur expenditure in the future,the present value of the future loss shall be qualified by adopting:(d) a discount rate of the prescribed percentage, or(e) where no percentage is prescribed as referred to in paragraph (d),

a discount rate of 5 per cent,in order to make appropriate allowance for inflation, for future changesin rates of wages generally or of prices, and for tax (either actual ornotional) upon income from investment of the sum awarded.

(2) Except as provided by this section, nothing in this section affects anyother law relating to the discounting of sums awarded as damages.

35C Maximum amount of damages for provision of certain services(1) Where an award of damages to which this Part applies is to include

compensation for the value of services of a domestic nature or servicesrelating to nursing and attendance:(a) which have been or are to be provided by another person to the

person in whose favour the award is made, and(b) for which the person in whose favour the award is made has not

paid and is not liable to pay,the amount of the compensation shall not exceed:(c) where the services provided or to be provided are not less than 40

hours per week:

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Motor Vehicles (Third Party Insurance) Act 1942 No 15Section 35D

(i) the amount per week comprising the amount estimated bythe Australian Statistician as the average weekly totalearnings of all employees in New South Wales for:(A) in respect of the whole or any part of a quarter

occurring between the date of the injury in relationto which the award is made and the date of theaward, being a quarter for which such an amount hasbeen estimated by the Australian Statistician and is,at the date of the award, available to the courtmaking the award—that quarter, or

(B) in respect of the whole or any part of any otherquarter—the most recent quarter occurring beforethe date of the award for which such an amount hasbeen estimated by the Australian Statistician and is,at that date, available to the court making the award,or

(ii) where the Australian Statistician fails or ceases to estimatethe amount referred to in subparagraph (i), the prescribedamount or the amount determined in such manner or byreference to such matters, or both, as may be prescribed, or

(d) where the services provided or to be provided are less than 40hours per week—the amount calculated at an hourly rate ofone-fortieth of the amount determined in accordance withparagraph (c) (i) or (ii), as the case may be.

(2) Except as provided by this section, nothing in this section affects anyother law relating to the value of services of the kind referred to insubsection (1).

35D Payment of interest(1) A court shall not, in relation to an award of damages to which this Part

applies, order the payment of interest, and no interest shall be payable,on an amount of general damages, or damages under section 35C, inrespect of the period from the date of the death of or injury to the personin respect of whom the award is made to the date of the award.

(2) Except as provided by this section, nothing in this section affects anyother law relating to the payment of interest on an amount of generaldamages.

(3) Subsection (1), as amended by the Motor Accidents (Amendment) Act1994, applies to claims for damages arising from the death of or bodilyinjury to a person caused by or arising out of the use, between 1 July1984 and 30 June 1987 (both dates inclusive), of a motor vehicle thatwere not settled or finally determined as at the date of commencementof the amendment made by that Act to that subsection.

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Part 4 General36 Facilitation of proof

(1) (Repealed)(2) A certificate purporting to be signed by the Commissioner or a

prescribed officer and to certify that, according to the records kept in theoffice of the Commissioner:(a) on a specified date or during the whole of a specified period a

third-party policy was in force in relation to a specified motorvehicle or in relation to motor vehicles to which a specifiedtrader’s plate is affixed, or

(b) on a specified date a third-party policy was issued, or expired orwas cancelled,

(c) (Repealed)shall, without proof of the signature of the person purporting to signsuch certificate or that that person was the Commissioner or theprescribed officer, be prima facie evidence of the matters set forth in thecertificate.

(3) A certificate purporting to be signed by the Commissioner or aprescribed officer and to certify that the records kept in the office of theCommissioner do not contain any entry indicating that a third-partypolicy was in force on a specified date or during the whole of a specifiedperiod in relation to a specified motor vehicle or in relation to motorvehicles to which a specified trader’s plate is affixed shall, withoutproof of the signature of the person purporting to sign such certificateor that that person was the Commissioner or the prescribed officer, beprima facie evidence that on the specified date or during the whole ofthe specified period a third-party policy was not in force in relation tothe specified motor vehicle or to motor vehicles to which the specifiedtrader’s plate is affixed.

37 Service of notices etcExcept as provided by section 14C, any notice, notification or requestrequired or authorised by this Act to be given or made shall be in writingand shall be sufficiently given or made:(a) if delivered personally to the person to whom the same is to be

given or made,(b) if sent by post in a prepaid letter addressed to the person to whom

the same is to be given or made at that person’s place of abode orbusiness last known to the person giving or making the notice,notification or request,

Page 29



(c) if given or made by service in accordance with section 109X ofthe Corporations Act 2001 of the Commonwealth, where theperson to whom the notice, notification or request is to be givenor made is a company within the meaning of that Act.

38 Owner and driver to give certain information(1) The owner of a motor vehicle shall, if and when required so to do by any

member of the police force or by any officer authorised in that behalf bythe Commissioner or by any other person whomsoever who hasreasonable grounds for so requiring, forthwith give information (whichshall, if so required, be in writing) as to whether or not the motor vehicleis an insured motor vehicle.

(2) The driver of a motor vehicle shall, if and when required so to do by anymember of the police force or by any officer authorised in that behalf bythe Commissioner or by any other person whomsoever who hasreasonable grounds for so requiring, forthwith give information (whichshall, if so required, be in writing) as to the name and place of abode ofthe owner of the motor vehicle.

(3) Any owner or driver of a motor vehicle who neglects or fails to complywith the requirements of this section or who, in complying with suchrequirements, gives any false or misleading information, shall be guiltyof an offence against this Act.

38A (Repealed)

39 Court to apportion damagesWhere a judgment is obtained for payment of damages in respect of thedeath of or bodily injury to any person caused by or arising out of theuse of an insured motor vehicle as well as for damages in respect of anyother matter, the court shall as part of such judgment declare whatportion of the sum awarded by such judgment is in respect of such deathor bodily injury and shall apportion any costs awarded.

40 OffencesWhere any matter or thing is by or under this Act directed or forbiddento be done, and such matter or thing if so directed to be done remainsundone or if so forbidden to be done is done, then in every such caseevery person offending against such direction or prohibition shall beguilty of an offence against this Act.

41 General penalty(1) Any person who is guilty of an offence against this Act for which no

penalty is specifically provided shall be liable to a penalty notexceeding 3 penalty units.

Page 30



(2) Any penalty imposed by or under this Act may be recovered before theLocal Court.

(3) The court shall cause particulars of every conviction for an offenceagainst this Act and of every order made under this Act to be forwardedto the Commissioner.

42 Conviction not to affect civil remedyNo proceeding or conviction for any act or omission by this Actdeclared to be an offence against this Act shall affect any remedy whichany person aggrieved or injured by such act or omission may be entitledto at law or in equity against the person who committed such act or whowas responsible for such omission.

43 (Repealed)

44 Amendment of Act No 31, 1897Editorial note. The amending provisions relating to the Compensation toRelatives Act of 1897 are not reprinted: Reprints Act 1972, section 6.

45 Regulations(1) The Governor may make regulations not inconsistent with this Act

prescribing all matters which by this Act are required or permitted to beprescribed or which are necessary or convenient to be prescribed tocarry this Act into effect.

(2) Without prejudice to the generality of the power conferred bysubsection (1), the Governor may make regulations with respect to:(a) the exemption, subject to such conditions (if any) as may be

specified, from the operation of all or any of the provisions of thisAct of:(i) motor vehicles or specified classes of motor vehicles

which are owned by persons ordinarily resident outsideNew South Wales and which are temporarily in New SouthWales,

(ii) motor vehicles of any other specified class,(iii) persons in respect of a specified class or specified classes

of motor vehicles (including motor vehicles or specifiedclasses of motor vehicles which are owned by personsordinarily resident outside New South Wales and whichare temporarily in New South Wales),

(b) the granting of refunds, subject to such conditions as may beprescribed, of portion of premiums in cases where third-partypolicies are cancelled,

Page 31



(c) the circumstances under which and the conditions (which mayinclude the payment of a prescribed fee) subject to which therecords kept and documents filed in the Commissioner’s officefor the purposes of this Act may be inspected or the informationcontained in such records or documents may be made available,or certificates of the Commissioner or a prescribed officer may begiven,

(d) the furnishing to a prescribed person by the GovernmentInsurance Office of prescribed particulars, verified as prescribed,which may be necessary or convenient to be ascertained fromtime to time for the purpose of enabling the Governor to decidewhat maximum amounts of premiums should be prescribed, orfor the purpose of enabling the Commissioner to make anydetermination under section 31,

(e) the imposition of a requirement that a duplicate of the certificateof insurance shall be carried on insured motor vehicles, and shallbe produced to prescribed persons on demand.

(3) A regulation may impose a penalty not exceeding 3 penalty units for anybreach thereof.

(4) A regulation may be of general or specially limited application and mayapply to all cases generally, to any specified class of cases or to anyparticular case.

(5) A regulation may be made to apply either to all motor vehicles or to anyspecified class of motor vehicles or to all motor vehicles with theexception of a specified class.

(6) A regulation may authorise any matter or thing to be from time to timedetermined, applied or regulated by the Minister or the Commissionereither generally or for any class of cases or in any particular case, or mayconfer on the Minister or the Commissioner or other prescribed personany power or authority necessary or convenient for carrying into effectall or any of the provisions of the regulations.

46 (Repealed)

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Schedule 1 (Repealed)

Motor Vehicles (Third Party Insurance) Act 1942 No 15Notes

The following abbreviations are used in the Historical notes:Am amended LW legislation website Sch ScheduleCl clause No number Schs SchedulesCll clauses p page Sec sectionDiv Division pp pages Secs sectionsDivs Divisions Reg Regulation Subdiv SubdivisionGG Government Gazette Regs Regulations Subdivs SubdivisionsIns inserted Rep repealed Subst substituted

Historical notes

This Act is reprinted with the omission of all amending provisions authorised to be omittedunder sec 6 of the Reprints Act 1972.

Table of amending instrumentsMotor Vehicles (Third Party Insurance) Act 1942 No 15. Assented to 29.6.1942. Date ofcommencement of Part 1, 29.6.1942, sec 2 (1); date of commencement of Parts 2 (includingsec 7 (1)), 3 and 4 (excepting sec 44), 1.2.1943, secs 2 (2) (3) and 7 (2) and GG No 172 of24.12.1942, p 3238; date of commencement of sec 44, 20.11.1942, sec 2 (2) (3) and GG No152 of 20.11.1942, p 3002. This Act has been amended as follows:

1951 No 59 Motor Traffic (Amendment) Act 1951. Assented to 28.12.1951.1962 No 42 Motor Vehicles (Third Party Insurance) and Law Reform (Miscellaneous

Provisions) Amendment Act 1962. Assented to 14.12.1962.1963 No 43 Motor Vehicles (Third Party Insurance) Amendment Act 1963. Assented

to 2.12.1963.Date of commencement, 1.4.1964, sec 1 (5) and GG No 33 of 20.3.1964, p 875.

1964 No 17 Law Reform (Married Persons) Act 1964. Assented to 30.4.1964.1965 No 32 Law Reform (Miscellaneous Provisions) Act 1965. Assented to

20.12.1965.Date of commencement of sec 11, 15.4.1966, sec 2 (2) (3) and GG No 39 of 15.4.1966, p 1573.

No 33 Decimal Currency Act 1965. Assented to 20.12.1965.Date of commencement of sec 4, 14.2.1966, secs 1 (3), 2 (1) and the Currency Act 1965 (Commonwealth), sec 2 (2).

1969 No 32 Motor Vehicles and Government Railways (Miscellaneous Provisions) Act 1969. Assented to 9.4.1969.Date of commencement, except sec 2 (1) (c), 9.4.1969, sec 1 (9).

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Motor Vehicles (Third Party Insurance) Act 1942 No 15 Notes

1970 No 52 Supreme Court Act 1970. Assented to 14.10.1970.Date of commencement, Part 9 excepted, 1.7.1972, sec 2 (1) and GG No 59 of 2.6.1972, p 2018. Amended by Supreme Court (Amendment) Act 1972 No 41. Assented to 11.4.1972.

1972 No 15 Ambulance Service Act 1972. Assented to 29.3.1972.Date of commencement, 13.4.1973, sec 1 (2) and GG No 49 of 13.4.1973, p 1286.

No 35 Motor Vehicles (Third Party Insurance) Amendment Act 1972. Assented to 11.4.1972.Date of commencement, 30.6.1972, sec 1 (2) and GG No 68 of 30.6.1972, p 2523.

1976 No 72 Ambulance Services Act 1976. Assented to 2.12.1976.Date of commencement of Sch 2, 1.1.1977, sec 2 (2) and GG No 165 of 24.12.1976, p 5717.

1977 No 19 Notice of Action and Other Privileges Abolition Act 1977. Assented to 24.3.1977.Date of commencement, 19.8.1977, sec 2 and GG No 92 of 19.8.1977, p 3541. Amended by Notice of Action and Other Privileges Abolition (Amendment) Act 1978 No 56. Assented to 3.4.1978. Date of commencement, 19.8.1977, sec 2.

No 113 Motor Vehicles (Third Party Insurance) Amendment Act 1977. Assented to 2.12.1977.

1978 No 123 Motor Vehicles (Third Party Insurance) Amendment Act 1978. Assented to 21.12.1978.Date of commencement of sec 3, 30.3.1979, sec 2 (2) and GG No 46 of 30.3.1979, p 1384.

1981 No 21 Motor Vehicles (Third Party Insurance) Amendment Act 1981. Assented to 13.5.1981.

No 123 Miscellaneous Acts (Companies) Amendment Act 1981. Assented to 30.12.1981.Date of commencement of Sch 8 (except as provided by sec 2 (6) (a)–(c)), 1.7.1982, sec 2 (6) and GG No 90 of 30.6.1982, p 2959.

1983 No 138 Motor Vehicles (Third Party Insurance) (Recreation Vehicles) Amendment Act 1983. Assented to 21.12.1983.Date of commencement of sec 3 and Sch 1, 1.10.1985, sec 2 (2) (3) and GG No 134 of 27.9.1985, p 5092.

No 153 Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act 1983. Assented to 29.12.1983.Date of commencement of Sch 2, 6.1.1984, sec 2 (2) and GG No 4 of 6.1.1984, p 19.

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1984 No 86 Motor Vehicles (Third Party Insurance) Amendment Act 1984. Assented to 28.6.1984.Date of commencement of Schs 1–5, 1.7.1984, sec 2 (2).

No 153 Statute Law (Miscellaneous Amendments) Act 1984. Assented to 10.12.1984.

1985 No 96 Motor Vehicles (Third Party Insurance) Amendment Act 1985. Assented to 12.6.1985.Date of commencement of sec 3, 1.1.1986, sec 2 (2) and GG No 176 of 20.12.1985, p 6575.

No 140 Miscellaneous Acts (Motor Transport Fees and Charges) Amendment Act 1985. Assented to 25.11.1985.Date of commencement of Sch 1, 1.7.1986, sec 2 (2) and GG No 90 of 6.6.1986, p 2556.

No 231 Statute Law (Miscellaneous Provisions) Act 1985. Assented to 18.12.1985.

1986 No 53 Miscellaneous Acts (Area Health Services) Amendment Act 1986. Assented to 14.5.1986.Date of commencement of Sch 1, 1.7.1986, sec 2 (2) and GG No 99 of 27.6.1986, p 2946.

No 218 Statute Law (Miscellaneous Provisions) Act (No 2) 1986. Assented to 23.12.1986.

1987 No 48 Statute Law (Miscellaneous Provisions) Act (No 1) 1987. Assented to 28.5.1987.Date of commencement of Sch 32 (except as provided by sec 2 (13)), 1.9.1987, sec 2 (12) and GG No 136 of 28.8.1987, p 4809.

No 102 Miscellaneous Acts (Transport Accidents Compensation) Amendment Act 1987. Assented to 12.6.1987.Date of commencement of Sch 1, 1.7.1987, sec 2 (2).

No 154 Transport Legislation (Financial Administration) Amendment Act 1987. Assented to 18.11.1987.Date of commencement, assent, sec 2.

1988 No 103 Miscellaneous Acts (Motor Accidents) Amendment Act 1988. Assented to 21.12.1988.Date of commencement of the amendment in Sch 1 relating to the Motor Vehicles (Third Party Insurance) Act 1942, 1.7.1989, sec 2 and GG No 73 of 16.6.1989, p 3500.

1989 No 132 Statute Law (Miscellaneous Provisions) (No 2) Act 1989. Assented to 5.9.1989.Date of commencement of the provisions of Sch 2 relating to the Motor Vehicles (Third Party Insurance) Act 1942, assent, sec 2.

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1992 No 112 Statute Law (Penalties) Act 1992. Assented to 8.12.1992.Date of commencement, assent, sec 2.

1993 No 16 Motor Vehicles (Third Party Insurance) Amendment Act 1993. Assented to 12.5.1993.Date of commencement, assent, sec 2.

No 47 Statute Law (Penalties) Act 1993. Assented to 15.6.1993.Date of commencement, assent, sec 2.

1994 No 27 Motor Accidents (Amendment) Act 1994. Assented to 30.5.1994.Date of commencement, 17.6.1994, sec 2 and GG No 78 of 10.6.1994, p 2757.

1996 No 30 Statute Law (Miscellaneous Provisions) Act 1996. Assented to 21.6.1996.Date of commencement of Sch 3, 3 months after assent, sec 2 (3).

1997 No 115 Traffic Legislation Amendment Act 1997. Assented to 9.12.1997.Date of commencement, 29.6.1998, sec 2 and GG No 97 of 26.6.1998, p 4431.

No 154 Health Services Act 1997. Assented to 19.12.1997.Date of commencement, 1.7.1998, sec 2 and GG No 97 of 26.6.1998, p 4423.

1998 No 137 Justices Legislation Amendment (Appeals) Act 1998. Assented to 8.12.1998.Date of commencement of Sch 2.19, 1.3.1999, sec 2 and GG No 25 of 26.2.1999, p 973.

1999 No 31 Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999.Date of commencement of Sch 4, assent, sec 2 (1).

No 85 Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999.Date of commencement of Sch 4, assent, sec 2 (1).

2001 No 34 Corporations (Consequential Amendments) Act 2001. Assented to 28.6.2001.Date of commencement of Sch 2.37, 15.7.2001, sec 2 (1) and Commonwealth Gazette No S 285 of 13.7.2001.

No 121 Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001.Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978.

2006 No 120 Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006.Date of commencement of Sch 2, assent, sec 2 (2).

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This Act has also been amended:(a) by regulations under sec 33E (1),(b) pursuant to an order under secs 8 (2) and 9 (3) of the Reprints Act 1972 No 48

(formerly Acts Reprinting Act 1972). Assented to 9.10.1972. Order dated 14.7.1975,and published in Gazette No 97 of 18.7.1975, p 2843, declaring that the MotorVehicles (Third Party Insurance) Act 1942 is an enactment to which sec 8 (2) and sec9 (3) of the Acts Reprinting Act 1972 apply.

Table of amendmentsNo reference is made to certain amendments made by the Decimal Currency Act 1965, theReprints Act 1972, and Schedule 3 (amendments replacing gender-specific language) to theStatute Law (Miscellaneous Provisions) Act 1996.

2007 No 9 Private Health Facilities Act 2007. Assented to 15.6.2007.Date of commencement, 1.3.2010, sec 2 and 2010 (53) LW 26.2.2010.

No 94 Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007.Date of commencement of Schs 1.73 and 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009.

2010 No 97 Health Services Amendment (Local Health Networks) Act 2010. Assented to 16.11.2010.Date of commencement of Sch 2, 1.1.2011, sec 2 (1) and 2010 (716) LW 17.12.2010.

Sec 3 Rep 1984 No 86, Sch 5 (1). Ins 1987 No 102, Sch 1.Sec 4 Am 1984 No 86, Schs 1 (1), 3 (1), Rep 1984 No 153, Sch 16.Sec 5 Am 1977 No 113, Sch 1 (1); 1981 No 21, sec 2; 1983 No 138, sec 3, Sch

1 (1); 1984 No 86, Schs 1 (2), 5 (2); 1985 No 96, sec 3; 1985 No 140, Sch 1; 1986 No 218, Sch 27 (1); 1987 No 102, Sch 1; 1988 No 103, Sch 1; 1989 No 132, Sch 2; 1997 No 115, Sch 4.13.

Sec 6 Am 1977 No 113, Sch 1 (2); 1984 No 86, Sch 5 (3); 1987 No 154, Sch 1.Sec 6A Ins 1984 No 86, Sch 1 (3).Sec 7 Am 1978 No 123, sec 3; 1984 No 86, Sch 5 (4); 1992 No 112, Sch 1.Sec 8 Am 1963 No 43, sec 2 (a); 1984 No 86, Sch 1 (4).Sec 9 Am 1963 No 43, sec 2 (b); 1984 No 86, Schs 1 (5), 5 (5).Sec 10 Am 1962 No 42, sec 2 (a); 1984 No 86, Schs 1 (6), 5 (6); 1986 No 218,

Sch 27 (2).Sec 11 Rep 1984 No 86, Sch 1 (7).

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Sec 12 Am 1983 No 138, Sch 1 (2); 1984 No 86, Schs 1 (6) (a)–(c) (8), 5 (7); 1985 No 231, Sch 31.

Sec 13 Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1984 No 86, Schs 1 (6) (a), 5 (8); 1998 No 137, Sch 2.19; 1999 No 31, Sch 4.63 [1]; 2001 No 121, Sch 2.153; 2007 No 94, Schs 1.73 [1] [2], 2.

Sec 14 Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch). Subst 1984 No 86, Sch 1 (9). Am 1993 No 16, Sch 1 (1).

Sec 14A Ins 1984 No 86, Sch 1 (9).Sec 14B Ins 1984 No 86, Sch 1 (9). Am 1986 No 218, Sch 27 (3).Sec 14C Ins 1984 No 86, Sch 1 (9).Sec 14D Ins 1984 No 86, Sch 1 (9). Am 1987 No 102, Sch 1.Sec 14E Ins 1984 No 86, Sch 1 (9).Sec 15 Am 1951 No 59, sec 5 (a); 1962 No 42, sec 2 (b); 1969 No 32, sec 5 (a);

1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1977 No 19, Sch (am 1978 No 56, sec 3 (b) (i)). Rep 1984 No 86, Sch 1 (10).

Sec 16 Am 1962 No 42, sec 2 (c). Rep 1984 No 86, Sch 1 (10).Sec 17 Am 1951 No 59, sec 5 (b); 1984 No 86, Schs 1 (6) (b), 5 (9).Sec 18 Am 1984 No 86, Schs 1 (6) (b) (c) (11), 5 (10).Sec 19 Am 1984 No 86, Sch 5 (11).Sec 20 Am 1984 No 86, Schs 1 (6) (b) (12), 5 (12).Sec 21 Am 1984 No 86, Schs 1 (13), 5 (13) (am 1984 No 153, Sch 16).Sec 22 Am 1984 No 86, Sch 1 (13).Sec 23 Am 1984 No 86, Schs 1 (14), 5 (14); 1992 No 112, Sch 1.Sec 24 Am 1972 No 15, Sch; 1972 No 35, sec 2 (1) (a); 1976 No 72, Sch 2;

1977 No 113, Sch 1 (3); 1984 No 86, Sch 5 (15); 1986 No 53, Sch 1; 1997 No 154, Sch 6.27; 2007 No 9, Sch 5.24; 2010 No 97, Sch 2.21.

Sec 25 Am 1972 No 35, sec 2 (1) (b); 1977 No 19, Sch 1 (am 1978 No 56, sec 3 (b) (i)); 1977 No 113, Sch 1 (4); 1984 No 86, Schs 1 (15), 5 (16); 1984 No 153, Sch 16.

Sec 26 Am 1972 No 35, sec 2 (1) (c); 1977 No 19, Sch 1 (am 1978 No 56, sec 3 (b) (i)); 1977 No 113, Sch 1 (5); 1984 No 86, Schs 1 (12) (c) (15) (b) (16), 5 (17).

Sec 27 Am 1984 No 86, Sch 1 (15) (b).Sec 28 Am 1984 No 86, Sch 5 (18). Rep 1999 No 85, Sch 4.Part 2, Div 4, heading

Am 1984 No 86, Sch 1 (17).

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Sec 29 Rep 1984 No 86, Sch 1 (18).Sec 30 Am 1951 No 59, sec 5 (c); 1964 No 17, sec 3; 1969 No 32, sec 5 (b);

1977 No 19, Sch 1 (am 1978 No 56, sec 3 (b) (i)). Rep 1984 No 86, Sch 1 (18).

Sec 31 Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch). Rep 1984 No 86, Sch 1 (18).

Sec 31A Ins 1969 No 32, sec 5 (c). Subst 1983 No 153, Sch 2. Rep 1984 No 86, Sch 1 (18).

Sec 32 Am 1951 No 59, sec 5 (d); 1984 No 86, Schs 1 (19), 5 (19).Sec 33 Subst 1977 No 113, Sch 1 (6); 1984 No 86, Sch 2 (1). Rep 1987 No 102,

Sch 1.Sec 33A Ins 1977 No 113, Sch 1 (6). Subst 1984 No 86, Sch 2 (1). Am 1987 No

48, Sch 17. Rep 1987 No 102, Sch 1.Sec 33B Ins 1977 No 113, Sch 1 (6). Subst 1984 No 86, Sch 2 (1). Rep 1987 No

102, Sch 1.Secs 33C–33D Ins 1977 No 113, Sch 1 (6). Rep 1984 No 86, Sch 2 (1).Sec 33E Ins 1977 No 113, Sch 1 (6). Am 1984 No 86, Sch 2 (2). Rep 1987 No

102, Sch 1.Sec 34 Am 1984 No 86, Schs 1 (20), 5 (20); 1992 No 112, Sch 1.Sec 35 Rep 1984 No 86, Sch 5 (21).Part 3A Ins 1984 No 86, Sch 3 (2).Sec 35A Ins 1984 No 86, Sch 3 (2). Am 1987 No 102, Sch 1; 1993 No 16, Sch 1

(2).Secs 35B, 35C Ins 1984 No 86, Sch 3 (2).Sec 35D Am 1994 No 27, Sch 1.Sec 36 Am 1984 No 86, Schs 1 (21), 5 (22).Sec 37 Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch); 1981 No

123, Sch 8; 1984 No 86, Schs 1 (22), 5 (23); 2001 No 34, Sch 2.37.Sec 38 Am 1984 No 86, Sch 1 (23).Sec 38A Ins 1951 No 59, sec 5 (e). Rep 1965 No 32, sec 11.Sec 41 Am 1984 No 86, Schs 4, 5 (24); 1992 No 112, Sch 1; 1999 No 31, Sch

4.63 [2]; 2007 No 94, Sch 2.Sec 43 Rep 2006 No 120, Sch 2.60.Sec 45 Am 1984 No 86, Schs 1 (24), 4; 1985 No 140, Sch 1; 1989 No 132, Sch

2; 1993 No 47, Sch 1.Sec 46 Subst 1984 No 86, Sch 5 (25). Rep 1987 No 48, Sch 32.

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Editorial note. (1)On and from 1.1.1982.(2)On and from 1.1.1983.(3)On and from 1.1.1984.(4)On and from 1.4.1984.(5)On and from 1.3.1985.(6)On and from 1.7.1985.(7)On and from 1.10.1985.(8)On and from 15.2.1986.

Sch 1 Ins 1977 No 113, Sch 1 (7). Am GG No 196 of 24.12.1981, p 6727(1); GG No 163 of 26.11.1982, p 5388(2); GG No 170 of 9.12.1983, p 5553(3); GG No 39 of 9.3.1984, p 1460(4); 1984 No 86, Schs 2 (3), 5 (26); GG No 31 of 1.2.1985, p 499(5); GG No 98 of 28.6.1985, p 3115(6); GG No 125 of 6.9.1985, p 4716; GG No 134 of 27.9.1985, p 5099(7); GG No 29 of 14.2.1986, p 671(8). Rep 1987 No 102, Sch 1.

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motor vehicles (third party insurance) act 1942 no 15...department of motor transport third party...

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