650 (Quee ts1 xttb ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 49 of 1971 An Act to provide indemnity to persons whose motor vehicles were insured with the Vehicle & General Insurance Company (Australia) Ltd. in compliance with the Motor Vehicles Insurance Act 1936-1969, and for related purposes, and to amend that Act in certain particulars [ASSENTED TO 1ST NOVEMBER, 1971] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title and citation. (1) This Act may be cited as the Vehicle & General Insurance Company (Australia) Ltd. (Motor Vehicles Insurance) Act 1971. (2) The Motor Vehicles Insurance Act 1936-1969 as amended by Part III of this Act may be cited as the Motor Vehicles Insurance Act 1936-1971.
Vehicle & General Insurance Company, Etc., Act 1971, No. 49 651 2. Arrangement of Act. This Act is arranged in Parts -as follows:- PART I--PRELIMINARY; PART II-PROVISION OF INDEMNITY IN RESPECT OF CERTAIN MOTOR VEHICLE INSURANCE POLICIES; PART III-AMENDMENT OF MOTOR VEHICLES INSURANCE ACT. PART II-PROVISION OF INDEMNITY IN RESPECT OF CERTAIN MOTOR VEHICLE INSURANCE POLICIES 3. Meaning of terms. Save where the contrary appears, in this Part- (a) the expression " Nominal Defendant (Queensland)" means the body corporate constituted under the Motor Vehicles Insurance Act 1936-1969 under the name and style The Nominal Defendant (Queensland); (b) the term " Company " means the Vehicle & General Insurance Company (Australia) Ltd.; (c) a term to which a meaning is assigned by the Motor Vehicles Insurance Act 1936-1969, has that meaning. 4. Claims to which this Part applies. This Part applies to claims for damages in respect of accidental bodily injury (fatal or non-fatal) to any person caused before the nineteenth day of July, 1971 in any State or Territory of the Commonwealth of Australia by, through, or in connexion with a motor vehicle insured under the Motor Vehicles Insurance Act 1936-1969 at the material time with the Company. 5. Substitution of Nominal Defendant for Company. Subject to this Part, the Nominal Defendant (Queensland) has, to the exclusion of the Company, the same duties, liabilities, rights and powers in respect of any claim to which this Part applies as the Company would have had under the Motor Vehicles Insurance Act 1936-1969 and the relevant contract of insurance under that Act prior to the nineteenth day of July, 1971 if the claim had been made to the Company before that date. 6. Specific incidental powers of Nominal Defendant. The provisions of subsections (5) and (6) of section 4F of the Motor Vehicles Insurance Act 1936-1969 apply with respect to a claim to which this Part applies. 7. Re-opening of settlements and consent or default judgments. (1) Where, on or after the eighth day of October, 1971, the parties to a claim to which this Part applies have settled the claim or a judgment in respect of the claim has been given by a court of competent jurisdiction with their consents or in default of appearance or of delivery of a defence, the Nominal Defendant (Queensland), if it considers the amount of damages agreed upon or adjudged to be paid to be excessive, may refuse to pay the damages. The Nominal Defendant (Queensland) may offer to pay a less amount in full settlement of the legal liability in respect of such damages of the owner or the estate of the owner of the vehicle in question,
652 Vehicle & General Insurance Company, Etc., Act 1971, No. 49 (2) A claimant aggrieved by such a refusal or offer may- (a) where the amount to which the refusal or offer relates was settled by agreement between the parties, prosecute his claim as if such settlement had never been made; (b) where the amount to which the refusal or offer relates was adjudged by a court of competent jurisdiction with the consent or in the default referred to in the preceding subsection, continue the proceedings as if such judgment had never been given therein and for enabling such continuation the court may enter such adjournments of the proceedings and give such other directions in respect thereof (including with respect to joining the Nominal Defendant (Queensland) in the proceedings) as it thinks necessary or expedient. 8. Stay of pending proceedings. Proceedings commenced before and pending at the date of the passing of this Act in respect of a claim to which this Part applies shall not be continued until twenty-one days after the claimant has given notice thereof to the Nominal Defendant (Queensland). 9. Reimbursement of other persons. In respect of a claim to which this Part applies the Nominal Defendant (Queensland) may reimburse any person on account of an amount of damages paid to the claimant by that person. 10. Particulars of claim to be furnished to Nominal Defendant. (1) A claimant shall notify in writing the Nominal Defendant (Queensland) of a claim to which this Part applies and shall therein state whether or not proceedings have been instituted in any court'in respect of the claim and, if so, particulars of the proceedings. Such notification shall be given not later than the thirtieth day of June, 1972. (2) The Nominal Defendant (Queensland) may require in writing the claimant to furnish to it, within the time therein specified by it (or within such extended time as it allows), such information and particulars with respect to the claim as it specifies in its requisition. (3) The Nominal Defendant (Queensland) may refuse to pay the claim of a claimant who does not comply in every respect with the requirements of this section or of a requisition issued under this section. 11. Recovery upon re -insurance. (1) Notwithstanding any other Act or law, where in respect of a contract of insurance under which is made a claim to which this Part applies there is or has been in existence a re-insurance or a treaty agreement or other agreement, the Nominal Defendant (Queensland) has and is vested with, to the exclusion of the Company, and is entitled to exercise in its name or in the name of the Company or of the liquidator thereof the rights had by the Company or the liquidator thereof under such re-insurance or agreement under the laws of the State. (2) Payment to the Nominal. Defendant (Queensland) of moneys recoverable by it under the preceding subsection shall satisfy in full the liability of the payer to pay those moneys to any other person whomsoever.
Vehicle & General Insurance Company, Etc., Act 1971, No. 49 653 12. Recovery against Company. Where the Nominal Defendant (Queensland) pays a claim to which this Part applies it shall be a creditor of and have the same rights against the Company as if the amount so paid were a debt due and payable and unpaid to it by the Company. For the purposes of this section the amount so paid shall be reduced by any sum recovered under section 1 I of this Act, or under regulation 17 of the regulations made under the Motor Vehicles Insurance Act 1936-1969. 13. Duty of Company's liquidator and officers. The liquidator and every officer of the Company shall furnish to the Nominal Defendant (Queensland) all such information and produce to it all such books and records as it requires from time to time concerning any claim to which this Part applies. 14. Limitation of aggregate liability. The aggregate of all claims to which this Part applies (including costs in respect of such claims) paid by the Nominal Defendant (Queensland) shall not exceed $125,000 plus the total of sums recovered by it under section 11 of this Act and under regulation 17 of the regulations made under the Motor Vehicles Insurance Act 1936-1969 and accordingly the Nominal Defendant (Queensland) is not liable to make in respect of any or all of such.claims any payment that would increase such aggregate beyond the limit specified by this section. PART III-AMENDMENT OF MOTOR VEHICLES INSURANCE ACT 15. Principal Act. The Motor Vehicles Insurance Act 1936-1969 is in this Part referred to as the Principal Act. 16. Amendment of s. 4F. Section 4F of the Principal Act is amended by, in subsection (2), adding the following paragraph:- " The Nominal Defendant (Queensland) shall not be liable in respect of a claim made to it under this subsection if at any time a contract or policy of insurance in respect of the motor vehicle concerned is so renewed that this Act requires it to be deemed that the contract or policy is in force during a period that includes the time when the accidental bodily injury to which the claim relates was caused and upon such renewal the right of action theretofore had by any person to enforce the claim against The Nominal Defendant (Queensland) shall cease to exist and any action theretofore commenced against The Nominal Defendant (Queensland) to enforce the claim shall be stayed.". 17. Amendment of s. 4G. Section 4G of the Principal Act is amended by, in subsection (1), inserting after the proviso therein the following paragraph:- " The Nominal Defendant (Queensland) may recover, pursuant to paragraph (a) of this subsection, an amount properly paid by it notwithstanding that at the time when the accidental bodily injury (fatal or non-fatal) in respect of which the claim was made or the judgment was recovered was caused there was not a contract of insurance in respect of the motor vehicle concerned if, subsequently to that time, a contract of insurance is so renewed in respect of that motor vehicle that this Act requires it to be deemed that the contract of insurance is in force during a period that includes that time.".
654 Vehicle & General Insurance Company, Etc., Act 1971, No. 49 18. Amendment of s. 14. Section 14 of the Principal Act is amended by- (a) in subsection (9), omitting the words " regulation twelve " and inserting in their stead the words " regulation 17 (b) in subsection (11), omitting the words " regulation twelve " and inserting in their stead the words " regulation 17 ".