Australian Capital Territory Bills Explanatory Statements

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ROAD TRANSPORT (GENERAL) AMENDMENT BILL 2004


2004

Road Transport (General) Amendment Bill 2004





Explanatory Statement



Outline


The Road Transport (General) Amendment Bill 2004 (“the Bill”) is intended to clarify the legal effect of Ministerial Declarations made under section 12 of the Road Transport (General) Act 1999 (“the Act”).

Section 12 of the Act permits the Minister for Urban Services to declare, in writing, that road transport legislation, or a provision of the road transport legislation, does not apply to a road or road related area.

The Bill affirms the ability of the Minister to make a declaration which suspends the application of the Compulsory Third Party motor vehicles insurance scheme where the owner or driver of a motor vehicle is participating in a lawful motor sports event.

This enables any third-party insurance policies held by the organisers of the motor sports event to come into effect.


Clause 1 states the name of the Act being created.

Clause 2 provides the date of commencement for the Act.

Clause 3 states the name of the instrument being amended by the Act.

Clause 4 adds sub section numbering to the existing section 171 of the Road Transport (General) Act 1999.


Clause 5 creates a new section 171(2) and (3).
Section 171(2) states that a third-party policy does not insure the owner or driver of a motor vehicle where:

(a) the motor vehicle is within an area which is subject to a Ministerial declaration under section 12 of the Road Transport (General) Act 1999; or

(b) the motor vehicle is subject to a Ministerial declaration under section 13 of the Road Transport (General) Act 1999; or

(c) the owner or driver of the motor vehicle is subject to a Ministerial declaration under section 13 of the Road Transport (General) Act 1999.

Section 171(3) clarifies that the reference to any other territory law in s. 169(1) of the Road Transport (General) Act 1999 does not refer to section 171 or a declaration made under section 12 or 13.




 

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