MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 3
MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 3
3 . Terms used
(1) In this Act,
unless the context requires otherwise —
assessed treatment, care and support needs has the
meaning given in the MV(CI) Act section 18(2);
catastrophic injury has the meaning given in the
MV(CI) Act section 3(1);
CISS means the scheme provided for in the MV(CI)
Act for the lifetime care and support of certain people catastrophically
injured in motor vehicle accidents;
Commission means the body continued as the
Insurance Commission of Western Australia under the
Insurance Commission of Western Australia Act 1986 ;
contract of insurance means a contract of
insurance with the Commission and complying with the requirements of this Act;
Director General means the CEO as defined in the
Road Traffic (Administration) Act 2008 section 4;
District Court means The District Court of Western
Australia established under the District Court of Western Australia Act 1969
;
driver in relation to a motor vehicle includes any
person who is in charge of the motor vehicle;
Fund means the Third Party Insurance Fund
established under section 16 of the Insurance Commission of Western Australia
Act 1986 ;
insured person means the owner of a motor vehicle
in respect of which a policy of insurance is in force under this Act, and the
driver at the material time whether with or without the consent of the owner;
Minister means the Minister for the time being
charged by the Governor with the administration of this Act;
motor vehicle means any vehicle propelled by gas,
oil, electricity or any other motive power, not being animal power, required
to be licensed, and complying with the requirements necessary for licensing,
under the Vehicles Act and includes a caravan, trailer or semi-trailer drawn
or hauled by a motor vehicle;
MV(CI) Act means the Motor Vehicle (Catastrophic
Injuries) Act 2016 ;
owner when used in relation to a motor vehicle
which is the subject of a hire purchase agreement means the person in
possession of that vehicle under that agreement; and when used in relation to
a motor vehicle which is the subject of a hiring agreement (other than a hire
purchase agreement) includes any persons who have hired the vehicle under that
hiring agreement.
Save as aforesaid the term owner means and
includes every person who is the owner or part owner or joint owner of a motor
vehicle, but does not include the grantee under a Bill of Sale by way of
security granted in respect of a motor vehicle except when such grantee takes
possession of the motor vehicle under the authority of and by way of enforcing
his rights as grantee under such Bill of Sale;
policy of insurance includes a cover note and/or
certificate of insurance which is binding on the insurer;
uninsured motor vehicle means any motor vehicle in
relation to which there is required to be in force a contract of insurance
entered into by the owner of the motor vehicle under this Act and in relation
to which there is not existing and in force a contract of insurance under this
Act:
The expression does not include a motor vehicle
owned by the Commonwealth or any Commonwealth instrumentality;
Vehicles Act means the Road Traffic (Vehicles)
Act 2012 .
(2) Any reference in
this Act to action brought or a judgment entered or obtained or a judgment
creditor or judgment debtor or execution of a judgment shall (where the case
so requires) include a reference to a prosecution commenced, an order made by
a court, the person in whose favour the order is made, the person against whom
the order is made and distress levied upon such order.
(3) This Act shall not
render it obligatory to insure any motor vehicle owned by the Crown in right
either of the Commonwealth or of the State and used solely in the public
business of the Commonwealth or of the State as the case may be.
(3A) Despite
subsection (3), in relation to any motor vehicle which is owned by the Crown
in right of the State and is not insured, the Crown shall be under the same
liabilities and have the same rights as an insurer if such insurer had issued
to the Crown a policy of insurance complying with this Act in relation to the
use of that vehicle.
(4) It shall not be
necessary for the owner of any motor vehicle which is temporarily in this
State and which is licensed or registered in any other State or territory of
the Commonwealth prescribed by the Governor as hereinafter provided to insure
under this Act, if while the motor vehicle is in this State the owner and any
driver of such motor vehicle whilst that motor vehicle is on a road are
insured under a contract of insurance in accordance with the law of such other
State or territory against liability which may be incurred by such owner or
driver in respect of the death of or bodily injury to any person directly
caused by, or by the driving of, such motor vehicle in this State, whether
caused on or off a road.
(4B) The Governor may
by order in council prescribe for the purposes of subsection (4) any State or
territory of the Commonwealth in which the Governor is satisfied there is in
operation legislation for the carrying out of objects substantially similar to
the objects of this Act.
(5) So far as relates
to motor vehicles for which licences under the Vehicles Act are not in force
and which are in the possession or under the control of any manufacturer of or
dealer in motor vehicles to whom a general identification disc or tablet has
been assigned under section 26 of the Act, the provisions of this Act shall,
with such adaptations as are necessary, extend and apply in all respects as if
such manufacturer or dealer were the owner of every such motor vehicle, and
the application of a manufacturer or dealer for the assignment to him of a
general identification disc or tablet aforesaid shall for the purposes of this
Act be deemed to be an application for a licence in respect of one motor
vehicle of every different class of motor vehicle in the possession or under
the control of the applicant for which such general identification disc or
tablet is required by the applicant.
(6) This Act shall
cease to have any effect in relation to any motor vehicle which is
commandeered, requisitioned, or used for any military or defence purposes
under any law of the Commonwealth or any regulation made or any proclamation
issued under any such law.
(7) For the purposes
of this Act, the death of or bodily injury to any person shall not be taken to
have been caused by a vehicle if it is not a consequence of the driving of
that vehicle or of the vehicle running out of control.
[Section 3 amended: No. 40 of 1944 s. 2; No. 7 of
1945 s. 2; No. 31 of 1948 s. 3 and 5; No. 18 of 1959 s. 3; No. 31 of 1960
s. 2; No. 72 of 1962 s. 2; No. 71 of 1963 s. 2; No. 95 of 1966 s. 4; No. 21 of
1969 s. 2; No. 19 of 1970 s. 2; No. 44 of 1971 s. 2; No. 42 of 1972 s. 4; No.
58 of 1974 s. 28; No. 55 of 1975 s. 2; No. 106 of 1981 s. 9; No. 81 of 1982
s. 3; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 5 and 14; No. 13 of 1994
s. 6; No. 45 of 1996 s. 38; No. 76 of 1996 s. 37; No. 7 of 2002 s. 16; No. 84
of 2004 s. 80; No. 19 of 2010 s. 51; No. 8 of 2012 s. 137 and 141; No. 8 of
2016 s. 44.]