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©State of Queensland
QUEENSLAND
MOTOR VEWCLES INSURANCE ACT
1936-:1~79 [Reprinted as at 1 July, 1983]Motor Vehicles .~Dsrara~K" Ad of 1936, 1 Edw. 8 No. 31 As amended by
Motor Vddeles IDsuraDce Ad Ameudmeat Ad of 1939, 3 Geo. 6 No. 27 lasunmce Ads IIDd AaoCber Ad Ameadment Ad of 1940, 4 Geo. 6
No. 24
Motor Vehicles IDsuraDce Acts AmeodmeDt Ad of 1943,
1
Geo.6
No. 5 Motor Veldcles IDsurance Ads Ameadmeut Ad of 1944, 8 Geo. 6 No. 11 Motor Vehldis IDsuraDce Ads Amendmeat Ad of 1945, 9 Geo. 6 NoG 27 Motor Vehicles Iosuraace AetsAmendmeut Act of 1959, 8 EBz. 2 No. 60Commenced 1 April 1960 (Proc. pubd. Gaz. 27 February 1960, p. 1077) •.
Motor Vebides lasurance Ads Amendment Ad of 1961, 10 Ellz. l No. 16
Motor Vehicles 1Dsu1anee Ads A..mteadiDent Ad of 1962,
·No.,
41 Motor Vehicles lnsaraDce Ads Amendment Ad ol 1963, No. 30 Motor VehideS lnsaraDce_Adl AmeBdmeDt Ad. of 1967, No. 13 Motor Vebides lasaraoce Acts A.meudment Ad of 1968, No. 4 Motor Vehides IDsanDce Ad Amendment Act 1969, No. 34Vemde & Generallnsunmce Company (Australia) Ltd. (Motor V~bides
li~Rnoce) Act 1971, No. 49 '
MoCor Vehicles lnsuraDce Ad AmeudmeDt Act 1974, No. 17
Commenced 1 August 1974 (Proc. pubd. Gaz. 3 August 1974. p. 1932).
Motor Vehicles Control Act 1975, No. 39, Part VD
· Part VII commenced 1 November 1975 (Proc. pubd. Gaz. 25 October 1975, p. 736).
Motor Vehicles lnsaraDce Ad A.meadmleDt Ad 19'75, No. 58
Motor Vehicles Jnsunmc:e Ad and Anotber Aet Ameu.clmeDt Act 1979, No.· 71, Part D
2 ... 1, ~ MOTOR. VEHICLES INSURANCE ACT 1936-1979
An Act to Require the Owners of Motor Vehicles to Insure against their Liability to Pay Compensation on Account of Injuries to Persons caused by, through, or in connection with such Motor Vehicles, and for other purposes
(ASSENTED TO 11 DECEMBER, 1936]
BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland. in Parlia~
ment assembled, and by the au~bority of the same, as follows:-
1. Short tide and COIDDieiiCellle of Ad. This Act may be cited as
"The Motor Vehicles Insurance Act
o1
1936," and shall come into force on a date to be proclaimed by the Governor m Council by Proclamation published in the Gazette. which date is herein referred to as the com~mencement of this Act.
O:lmmenccd 1 March 1937 (Proc. pubd. Gaz. 6 February 1937, p. 283).
Collective title conferred by Act of 1979, No. 71. s. 3 (2).
2. DefiDitions. In this Act, unless the context otherwise indicates, or requires, the following terms have the meanings respectively assigned to
them, that is to say:- •
.. Action" includes any proceeding. in a court of law;
.. Air cushion vehicle"-A vehicle which is designed to be supported when in motion wholly or panly by air expetled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehiole;
4•Licensed insurer"-A person who is for the time being approved under and for the purposes of this Act as a licensed insurer;
"Hire-purchase agreement .. -A hire-purchase agreement within the meaning of "The Hire-purchase Act of 1959," or any hife..
purchase agreement within the meaning of the Acts repealed by that Act entered into before its commencement;
"Insurance Commissioner"-ne Insurance Commissioner· under and within the meaning of "The Insurance Act
of
1960"; · '$Insured person"-A person who under a contract of insurancein accordance with this Act is indemnified against all sums for which he or his estate shall become legally liable by way of damages for accidental bodily injury (fatal or non-fatal) to any person in any State or Territory of the Commonwealth of Australia caused by, through, or in connection with the motor vehicle in respect of which such contract is in force;
.. Main Roads Acts"-"The Main•Roads Acts, 1920 to 1934" (or any Act amending or in substitution for such Acts);
MOTOR VEHICLES INSURANCE ACT 1936-1979 s.
z
3.. Main Roads Regulations"-The regulations made under and in pursuance of ·the Main Roads Acts and for the time being in. force, and whether so made before, on, or after the com- mencement of this Act;
''Minister"-The Treasurer or other Minister of the Crown for the time being. charged with the administration of this Act;
"Motor vehicle"-Any vehicle propelled by gas, motor spirit, oil, electricity, steam or any other motive power: the term includes a tractor, trailer, motor bicycle or motor cycle, but does not include a railway or tramway locomotive, tram motor, tram car, trolley bus, air cushion vehicle, fire engine, fire reel, or any machinery especially designed for road-
tnaking; /
••awner"-The person registered in the records of the Conunis- sioner of Main Roads under the Main Roads Acts as the owner of the nnotor vehicle, unless such person shall have given to the Comnnissioner a notice in writing in accordance with the Main Roads Regulations advising the transfer of the motor vehicle or authorising the cancellation of the certificate of registration or renewal of registration appearing in his name in respect thereof: the term includes any person who is dte owner, joint owner, or any person who has the vehicle under a hiring or hire-purchase agreennent: also any person who has given notice of purchase in accordance with the above regulations: the term also includes a dealer to whotn a certi- ficate of assigntnent of an identification number has been issued under the Main Roads Regulations in respect of any motor vehicle bearing his assigned identification number;
4'Person" includes any connpany, corporation, partnership, or firm, or body of persons corporate or unincorporate, and any individual person;
.. Prescribed"-Prescribed by this Act;
.. Registrar of Motor Vehicles" or "Registrar"-The Connmissioner of Main Roads or the Registrar of Vehicles as defined in the State Transport Act: the term used in reference to a certificate of assignment of an identification number means the Com- missioner of Main Roads;
.. Registration"-ne term when used with reference to a motor vehicle means and includes registration or renewal of regis- tration under the Main Roads Acts: the term also includes a certificate of assignment of an identification number issued to a dealer under the Main Roads Acts for the period of one calendar year fronn and after the issue of such certificate, and the renewal of registration includes payment of the annual fee payable in respect of such certificate for a subsequent calendar year;
MOTOR VEHICLES INSURANCE Acr 1936-1979
"Regulations"-Regulations made under the authority of this Act;
"State Government Insurance Office (Queensland)'• or ''Office"- The corporation of the State Government Insurance Office
(Queensland) under and within the meaning of "The State Government Insurance Office (Queensland) Act of 1960,.;
"State Transport Act"-"The State Transport Act of 1932" (or
· any Act amending or in substitution for such Act);
"This Act"-This Act and all Proclamations and regulations made thereunder;
"Tractor" -A power-driven vehicle used or intended to be used for · haulage purposes but not built to carry passengers or loads other than fuel or water for its own consumption. but not including any such vehicle which is driven by steam power;
"Trailer"-Any vehicle without motive power capable· of being drawn by another motor vehicle attached to same.
All amended by Act of 1959, 8 Eliz. 2 No. 60, s. 2; Act of 1961, 10 Eliz. 2 No. 16, s. 2; Act of 1968, No. 4, s. 3; Act of 1974, No. 17, s. 3; Act of 1979, No. 71, s. 4.
2A. Current iosul'ers as lkensed insurers. A person who immedi~
ately before the commencement of the Motor Vehicles Insurance Act Amendment Act 1974 is a licensed insurer within the meaning of the Motor Vehicles Insurance Act 1936-1971 shall, upon such commence-- ment, be taken to be approved as a licensed insurer ·and the provisions of section 2B (other than of subsections ( 1 ) , ( 2) and ( 3) thereof) shall extend and apply to him as if he had been so approved under that section.
Inserted by Act of 1974, No. 11; s. 4.
2a • .Licensed insurers. ( 1) Any person carrying on the business of insurance in Queensland who is willing to undertake insurance business in terms of this Act may apply to the Insurance Commissioner to be approved as a licensed insurer.
(2) The Insurance Commissioner may refuse to grant such approval · or may grant such approval subject to such conditions (if any) as are
prescribed. ·
(3) The Insurance Commissioner shall cause notice of such approval to be published in the Gazette and such approval shall take effect on a date specified .for the purpose by him in such notice.
( 4) Any such approval may be cancelled by the Insurance Commis- sioner after a notice specifying the grounds upon which the action is taken and the date (not being earlier than 14 days after the giving of such notice) upon which he proposes· to cancel the approval has been served on the licensed insurer.
Where pursuant to subsection (7) of this seetion, an appeal is lodged. on or before the date specified in the notice, such approval shall not be cancelled unless and until the proposed cancellation is contirmed by the court or the appeal is for any reason dismissed.
MOTOR VEHICLES INSURANCE ACT 1936-1979 &.
:aa
5 Without prejudice 'to the generality of l!be first paragraph of this subsection, the Insurance Commissioner may cancel an approval granted under this section to any person if such person has, in his capacity as a licensed insurer, been convicted of an offence against this Act.. · {5) A licensed insurer may, by notice in writing to the Insurance Commissioner, withdraw from insurance business in terms of this. Act:
Provided that such notice of withdrawal shall not take effect until a date (not being more than three months after the date when the notice of withdrawal is given) specified by the Insurance Commissioner by notice published in the Gazette. As from the date so specified the person giving the notice of withdrawal shall cease to be a licensed insurer.
(6) A cancellation of approval or a notice of withdrawal as aforesaid shall not affect-
(a) any contract of insurance entered into for the purpose of this . · Act which is in force at the date upon which such cancellation
or notice of withdrawal takes effect;
,.
· (b) any liability as a licensed·\ insurer accrued· or incurred beforethe date upon which such cancellation or notice of withdrawal takes effect or incurred under any contract of insurance to which subparagraph (a) of this paragraph relates;
(c) any obligation to renew (either immediately or at a future time) a contract of· msurance entered into for the purpose of this Act imposed by this Act and· had by a licensed insurer immediately before the date upon which such cancellation or notice of withdrawal takes effect; or
(d) any liability as a licensed insurer accrued or incurred, either before or after the date upon which such cancellation or notice of withdrawal takes effect, by reason of the perform- ance of the obligation to which subparagraph (c) of this paragraph relates.
F~r th~
purposes of any such contract Of insurance . and foran
purposes relating to such obligation and any· such liability this Act shall extend to and in respect of the person referred to in· the notification of cancellation or, as the case may be, the person who gave the notice of withdrawal in all respects as if he were a licensed insurer. ·
(7) Where an application for approval as a licensed insurer has been refused or where the Insurance Commissioner gives notice of intention to cancel the approval of any· person as a licensed insurer there shall be a right of appeal to the Supreme Court against such refusal or proposed cancellation.
. .
The jurisdiction of the Supreme Court in any appeal under this section may be exercised by any judge of that court. ·
The decision af the court on any such appeal shall be
final,
and theInsurance Commissioner shall give effect to the same.
6 •• 2c, 3 MOTOR VEHICLES INSURANCE Acr 193~1979
Rules of court of the Supreme Court may be made prescribing all matters necessary or convenient to be prescribed for carrying this sulr section into effect.
Inserted by Act of 1974, No. 17, s. 4.
2c. Publicadon of information. The Insurance Commissioner and any member of his staff authorized by him in that behalf may communicate information and produce any docwnent, which has come to the knowledge or into the possession of the Insurance Commissioner in connexion with the adminis~ation of this Act, to a person to whom, in the opinion of the Insurance Commissioner, it is in the public interest that the informa- · tion be communicated or the document be produced and action shall not lie against the Insurance Commissioner or such authorized member on account of any such communication or production.
Inserted by Act of 1974, No. 17; s. 4.
3. ( 1) IJJSU:r8DCe by ownen ol motor cars. Subject to this Act. the owner of any motor vehicle shall at all times during the registration, or as
· the case may be, any renewal of the registration of such motor vehicle indemnify himself and all other persons and keep himself and all other persons indemnified by a contract of insurance with the State Government Insurance Office (Queensland) or with some licensed insurer against all sums for which he or his estate or any such other person or his estate shall become legally liable by way of damages in respect of such motor vehicle for accidental bodily injury (fatal or non-fatal) to any person (including, in respect of such injury caused by any such other person, the owner himself) in any State or Territory of the Commonwealth of Aus- tralia where such injury is caused by, through, or in connection with such motor vehicle.
Liability by way of. damages referred to in the first paragraph of this subsection includes the liability (either joint or several) of an insured
person- ·
(a) to pay or to contribute to the payment of such damages;
(b) to make contribution to any other tortfeasor under the pro=
visions of "The Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act of
1952";
(c) to pay damages for breach of his contract of employment evidenced by his causing such injury.
(2) For the purposes of any such contract of insurance and of every claim for accidental Qodily injury (fatal or non-fatal) to any person caused by, through, or in connection with a motor vehicle insured thereunder, every person, other than the owner. who at any time is in charge of such motor vehicle, whether or not with the owner's authority, shall be deemed to be the authorised agent of the owner, and to be acting in relation thereto within the scope of his authority as such agent:
MOTOR. VEHICLES INSURANCE ACT 1936-1979 s. 3 7 Provided that if at the time when any such claim arose the motor vehicle was in charge of or being driven by any person for whose acts or omissions at such time the owner apart from the provisions of this sub- section would not have been liable, the liability of the owner under this subsection shall be limited to the amount for which he shall be entitled to be indemnified against such claim under the said contract.
(2A) If an insured person or his estate becomes legally liable by way of dar.dag~s in respect of a motor vehicle in respect of which he is an insured pers<;m for accidental bodily injury (fatal or non-fatal) to a person (not being
a:
person excepted by subsection one of this section) who is a worker within the meaning of "The Workers' Comperrsatian Acts, 1916 to 1939," then any compensation under such lastmentioned Acts in respect of which the Office is entitled to be indemnified by such insured person or his estate shall be, and it is hereby declared always has been, damages within the meaning.of this Act.(3) Minimum amount of insurance. N('ltwithstanding anything to the contrary contained in subsection one of this section, every contract of insurance entered into with the Office or. with some licensed insurer under and in pursuance of this Act shall comply and be deemed to comply in full with the requirements of this Act as to ·the sums against liability for which ~ach insured person is to be indemnified if the total liability of the Office or, as the case may be, the licensed insurer thereunder is unlimited in resp~ct of injury (fatal or non-fatal) to any one person whatsoever and
howsocv~r arising out of any one accident or series of accidents arising out of any one ev~nt.
( 4) Contract of insurance not to be revokable. No contract of insurance made with the Office or with a licensed insurer under and in . pursuance of ·this Act shall be revoked during the period of the registration
or,
as tlle case may be, renewal ofregistration of any motor vehicle insured thereunder unless such registration or, as the case may be, renewal of registration is sooner cancelled or surrendered:Pr9vided that nothing in this Act shall compel or be deemed to compel the Office or any licensed insurer to make any contract of insurance under and in pursuance of this Act with any person.
(5) The registrar shall not register or renew ·the registration of any motor vehicle unless he is satisfied that a contract of insurance in accord- ance with this Act is in force in respect of that motor vehicle and in respect of the period for which application for registration or, as the case may be, renewal of registration is made or. where such contract is not renewed or further renewed within thirty days subsequent to and including th" due date of renewal or further renewal of such contract, in respect of
the balance of such period. · ·
As amended by Act of 1939, 3 Goo. 6 No. 27, s. 2; Act of 1940, <4 Geo. 6 No. 24, s. 3 (a), (b); Act of 1944, 8 Geo. 6 No. 11, s. 2; Act of 1945, 9 Goo. 6 No. 27, s. 2 (1 ); Act of 1961, 10 Eliz. 1 No. 16, s. 3; Act of 1967, No. 13, •· 3;
Act of 1968, No. 4, s. 4.
8 SS. 4, 4A MOTOR VEHICLES INSURANCE ACT 1936-1979
4. Specisl provisions in respect of change of OWDei'Ship. Every con- tract of insurance entered into for the purposes of this Act in respect of any motor vehicle shall inure in favour of the owner for the time being and his estate and every other insured person thereunder and his estate, note withstanding any change in the ownership of such motor vehicle.
Where any such contract is renewed or further renewed within thirty days subsequent to, and including, the due date of such renewal or further renewal, it shall be deemed that such renewal or further renewal came into force on and from the due date therefor and that such contract was continued in force accordingly.
An insurer (whether the Office or a licensed insurer) shall not refuse to renew or further renew any such contract within thirty days subsequent to, and including, the due date of such renewal unless, not later than thirty days or, if a longer period is prescribed, such longer period before such due date such insurer shall have given to the Commissioner of Main Roads notice in writing that the insurer will not renew such contract.
As amended by Act of 1940, 4 Geo. 6 No. 24, a. 3 (c); Act of 1961, 10 Eliz. 2 No. 16, s. 4; Act of 1963, No. 30, a. 2; Act of 1968, No. 4, a. 5.
4A. Liability of insurers. ( 1) Where accidental bodily injury (fatal or non-fatal) to any person has been caused by, through, or in connection with a motor vehicle insured under -this Act but ·the insured person against whom it is sought to establish liability is dead or cannot be served with process, any person who could have obtained a judgment in respect of such accidental bodily injury so caused against such insured person if he were alive or had been served with process may recover by action against the insurer (whether the Office or a licensed insurer) the amount of the judgment which .he could have so recovered against such insured person:
Provided that he cannot so recover unless he proves that he gave to the insurer notice of the claim and a short statement of the grounds thereof as soon as possible after he knew that such insured person was dead or could not be served with process, or that such notice was given within such time as would prevent the possibility of the insurer being prejudiced by want of such notice.
(2) It shall be no defence by the Office or a licensed insurer to an action against him under this section that he is not liable under a policy of insurance by reason of the fact that-
(a) The policy was obtained by any mis-statement or non- disclosure whether · fraudulent, material or otherwise; or (b) The insured person has committed any breach of any term,
condition or warranty of a policy or any provision of this Act;
or
(c) The insured person has failed to comply with any condition of the policy as to what the insured person should do or
·should not do after the event givi1)g rise to liability.
(3) The Office or a licensed insurer may, in addition to any other right or remedy he may have, recover from the insured person-
(i) who would, if sued, have been liable in respect of any such accidental bodily injury; and
MOTOR VEHICLES INSURANCE ACT 1936-1979 s. 4s 9 (ii) whose statement, act or omission would, but for the provisions of subsection (2) of this section, have provided the Office or licensed insurer with a defence referred to in that subsection, and if there be two or more such insured persons from them jointly and severalty-
( a) Such part of any judgment so obtained against the Office or such licensed insurer; or
(b) Such sums a$ the Office or such licensed insurer has paid in payment, settlement or compromise of the claim or judgment against the insured person or the Office or, as the case may be, such licensed insurer; and
(c) Such costs and expenses
as would not have been recovered from or incurred or paid by the Office or such licensed insurer but for the last preceding subsection of this section and that amount may be recovered either in a separate action or by third party procedure in the actiou against the Office or such licensed insurer by the person who obtained the judgment:
. Provided that if the insured person has made any written request to the Office or the licensed insurer that he should settle or compromise up to any specified sum or should pay or should contest the claim, and if the Office or the licensed insurer acts unreasonably in failing to comply with such request then the Office or the licensed insurer shall not recover more than the amount of the liability which the Office or the licensed insurer would have paid or incurred if he had not so acted unreasonably.
Where any action under this section has resulted from the death of - an insured· person, then in this subsection the expression "insured person., means the estate of such deceased person, except in the proviso where it
means his personal representative. - · -
( 4) 'Ibe Office or a licensed insurer-
(a) shall not be entitled to recover any moneys under subsection
· (3) of this section unless the court in which the proceedings for the recovery of the moneys are taken is satisfied that the mis-statement, non-disclosure, breach or failure to comply in question was such that it contributed in a material degree to the circumstances in which the Office or licensed insurer agreed to pay or otherwise became liable to pay the moneys sought to be recovered;
(b) shall not be entitled to recover under subsection (3) of this section more than once in respect of the same mis-statement, non-disclosure, breach or failure to comply referred to in
that subsection.
Inserted by Act of 1944, 8 Geo. 6 No. 11, s. 3; as amended by Act of 1961, 10 Eliz. 2 No. 16, s. S; Act of 1968, No. 4, s; 6. ·
4B. Appodionment of cosfs. Where a judgment for damages is obtained against an insured person in respect of accidental bodily injury (fatal or non-fatal) to any person caused by, through or in connection with a motor vehicle as well as in respect of some other loss or damage the
10 ss. 4«;.., MOTOR VEHIO..ES INSURANCE ACT 1936-1979
court shall (for the purpose of fixing the liability of the Office or licensed insurer) as part of such judgment adjudge what portion of the amount of the judgment is in respect of such bodily injury, and shall direcf what portion of and in what manner any costs awarded as part of such judgment shall be apportioned to the portion of the amount awarded in respect of such bodily injury.
Original s. 4B renumbered as s. 4H by Act of 1961, 10 Eliz. 2 No. 16, s. 9.
Present s. 4B inserted by Act of 1961, 10 Eliz. 2 No. 16, s. 6; as amended by Aot of 1968, No. 4, s. 7.
4c. Medical examination of injured person.. In any action to enforce a claim in respeot of nou·fatal injury to a person caused in Queensland by, through or in connection with a motor vehicle, the court may, upon the application of any party and upon such terms as the court deems just.
order the injured person to submit himself to a personal medical examina- tion by the duly qualified medical practitioner or practitioners named in
the order. ·
The court may discharge or vary any such order.
The court may adjourn the a:ctiQn as it deems necessary or expedient to enable compliance with the ordet. ' .
If, in the opinion of the court, the injured person has persistently and wilfully refused to comply with the order without reasonable excuse.
the court may enter judgment against the plaintiff in the action upon such terms as it deems fit.
Inserted by Act of 1961, 10 Eliz. 2 No. 16, s. 7.
4o. The corporation of The Nominal Defendant. ( 1} There shall be a body corporate under the name and style of "The Nominal Defendant (Queensland)" which, by that name and style shall have perpetual succession and au official seal and, subject to and for the purposes of this Act, shall be capable in law of suing and being sued and of doing and
~uttering .all such other acts and things as bodies corporate may by law do and suffer.
(2) All courts, judges, justices and persons acting judicially shall take judicial notice of the seal of such corporation affixed to any docuc ment or notice and shall presume that it was duly affixed.
(3} Such corporation shall be constituted by-
( a} the Insurance Commissioner, who shall be chairman;
(b) three . representatives of the insurers carrying on general insurance business in Queensland, elected as· prescribed;
(c) a representative of the R~ Automobile Qub of Queens- land, nominated by such Club,
each of whom shall be appointed by the Minister by notification published in the Gazette and shall hold office for the term for which he is appointed umess he sooner dies, resigns .or becomes incapable of performing the
duties of his office.
( 4) Such corporation shall be deemed to be constituted upon the first appointment of the members thereof.
MOTOR VEHICLES INSURANCE ACT 1936-1979 1. 4E 11
(5) If a person to be appointed a representative mentioned in paragraph (b) of subsection ( 3) of this section is not elected as prescribed when and so often as required by the regulations the Minister may never- theless appoint such person as he thinks fit to be such representative.
( 6) Such corporation shall meet at such· times and places as its members may decide or, failing such a decision, as may be fixed by the chairman.
(7) The chairman or any member of such corporation may, in writing under his hand, appoint a person to act as his deputy at any meet- ing of the corporation wherefrom he is absent for any reason whatsoever.
Such a deputy, whilst acting as such pursuant to appointment as aforesaid, shall have and may exercise all the functions, powers and authorities of the chairman or, as the case may be, member other than the chairman whose deputy he is.
( 8) A secretary to such corporation and such other officers thereof as are deemed necessary may be appointed.
Such appointments shall be made and the appointees shall hold their :offices respectively under, subject to and in accordance with "The Public
Service Acts, 1922 to 1960":
Provided that any such appointee may be appointed to hold, and may hold office in conjunction with any other office held by him under such Acts.
(9) The power to make regulations under this Act shall include power to make all such regulations, not inconsistent with this Act, as may be necessary or convenient to provide for, regulate and control the election of elective representatives on such corporation, business and procedure, including voting, at its meetings, and generally with respeet to its functions
and powers under this Act.
Inserted by Act of 1961, 10 Eliz. 2 No. 16, s. 8; as amended by Act of 1974, No. 17, s. 5; Act of 1975, No. 58, s. 2.
4E. MotOI' Vehicle Insurance Nominal Defendant Fund. ( 1) A Fund to be' called ''The Motor Vehicle Insurance Nominal Defendant Fund"
shall be established in the Treasury.
(2) There shall be paid into such Fund-
(a) All moneys collected under subsection five of this section;
(b) All moneys recovered by The Nominal Defendant (Queens- land) under section 4o of this Act;
(c) All moneys advanced to such Fund by the Treasurer by way of loan.
( 3) There shall be paid out of such Fund-
( a) All moneys, including costs, payable by The Nominal Defendant (Queensland) in respect of judgments obtained against it under this Act or payable by it under this Act in respect of claims or actions made or brought against it under this Act and settled by it;
12 s. 4F MOTOR VEHICLES INSURANCE ACT 1936-1979
(b) The · costs and expenses incurred in respect of the adminis- tration of the provisions of this Act relating to The Nominal Defendant (Queensland) , and its functions, including in respect of costs and expenses incurred by it in bringing or defending any action by or against it under this Act, and the allowances and expenses of its members and salaries and expenses of its officers;
(c) All sums payable in repayment of, and payment of interest upon, loans advanced to the Fund by the Treasurer.
( 4) The Minister may from time to time authorise payment to the chairman or to the other members of The Nominal Defendant (Queens- land) of such allowances or expenses, or both, as he deems fit.
( 5) The Commissioner of Main Roads shall collect in respect of every registration or renewal of registration of a motor vehicle (other than a wheel chair) in respect of any period commencing on or after the first day of June, one thousand nine hundred and sixty-one, the prescribed annual amount or, until such annual amount is first prescribed, an annual amount of seventy-five cents.
The said Commissioner shall not issue a certificate of registration or renewal of registration of a motor vehicle unless and until payment has been made to him in respect thereof of such annual amount.
Provision may be made on the form of any and every such certificate for the inclusion of an endorsement respecting the payment of such annual amount.
The said Commissioner shall pay into the Fund established under this section all moneys collected by him under this subsection.
The Governor in Council may from time to time, by Order in Council published in the Gazette, prescribe the annual amount to be collected under this section in respect of every registration or renewal of registration
of a motor vehicle. ·
( 6) Subject
to
appropriation by Parliament, the Treasurer may from time to time advance moneys to such Fund by way of loan upon such terms, including with respect to the repayment of principal and the payment of interest, as he shall fix.Inserted by Act of. 1961, 10 Eliz. 2 No. 16, s. 8.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
Orders .in Council re subsection 5 may be found in Gazette, 27 September, 1975,
p. 291. .
4F. Cl8ims in respect of uninsured and unidentified vehicles. (1) Save where it is in this section otherwise provided, this section applies to accidental lxxlioly injury (fatal or non-fatal) to any person caused in Queensland by, through or in connection with a motor vehicle on or after the .first day of May, one thousand nine hundred and sixty-one.
MOTOR VEHICLES INSURANCE Acr 1936-1979 L 4F 13 For the purposes of this section and of section 4G of this Act-
. (a) In relation to a motor vehicle the term "Owner" includes, but without limit to the meaning assigned to it by section two of this Act, any person in whom the property in the motor vehicle is vested other than an unpaid vendor under a JUre...
purchase agreement; and
(b) The expression "uninsured motor vehicle" means a motor
vehicle- '
(i) that is required by or under the Main Roads Act 1920- 1972 to be registered in accordance with the regulations made pursuant to that Act; or
(ii) that is required by or under the Motor Vehicles Control Act 1975 to be registered in at:eordance with the regula·
tions made pursuant to that Act or pursuant to the Main Roads Act 1920-1972,
and in respect whereof there is not in force at the material time a contract or policy of insuran<:e under ·this Act, but the expression does not include any motor vehicle at any time when ·it is registered in accordance with the legislation of any other State or Territory of the Commonweaith that corresponds to the Main Roads Act 1920-1972 and in respect of which there exists a contract of insurance made pursuant to the legislation of any ot:ber State or Territory of the Commonwealth for the atta.irunent of objects substantially similar to the objects of this Act.
(2) Every claim for damages in respect of accidental bodily injury (fatal or non-fatal) to any person caused in Queensland by, through or
·in connection with an uninsured motor vehicle for which the owner of such
·uninsured vehicle would be legaUy liable were it insured under this Act at the material ti-me, may be made to The Nominal Defendant (Queens- land) and .any action to enforce any such claim may be brought against The Nominal Defendant (Queensland).
Any such claim may be so made and any such action may be so brought notwithstanding that the owner of the uninsured motor vehicle is dead.
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 wbioh 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.
· (3) . In respect of accidental bodily injury (fatal or non-fatal) to any person caused in Queensland by, through or in connection with a motor vehicle for which the owner of such vehicle would be aegally liable
14 S. 4F MOTOR VEHICLES INSURANCE Acr 1936-1979
were it insured under this Act at the material time, where the identity of such motor vehicle cannot after due inquiry and search be established, any person who could have enforced .a claim for damages in respect of such injury against 1he owner of the' motor vehicle may make such claim to The Nominal Defendant (Queensland) and may enforce such claim by action against The Nominal Defendant (Queensland).
In any such action the inquiry and. search for the purpose of estab- lishing the identity of the motor vehicle may be proved orally or by affidavit of the person who made the inquiry or search .
. (3A) In respect of accidental bodily injury (fatal or non-f.atal) to any person caused in Queensland by, through or in connection with a motor vehicle in respect whereof there is in force at the material time a contract or policy of insurance under this Act for which injury the owner of such vehicle would be liable, where the identity of the insurer under this Act of such motor vehiole cannot after due inquiry and search be established, any person who could have enforced a claim for damages in respect of .such injury agains·t the owner of such motor vehicle may make such claim to The Nominal Defendant (Queensland) ,and may enforce such claim by action against The Nominal Defendant (Queensland).
In any such action the inquiry and search for t-he purpose of estab- lishing the identity of the insurer may be proved orally or by affidavit of the person who made the inquiry and search. .
This subsection sha11 be construed to confer a right to make and enforce a claim against The Nominal Defendant (Queensland) in respect only of accldentai bodily injury caused after the commencement of the Motor Vehicles Insurance Act and Another Act Amendment-.i4.ct 1979.
(3B) W\here, in respect of any claim which may be made to and enforced against The-Nominal Defendant (Queensland) under subsection (2), (3) or (3A) of this section, the damage the ~abject of the claim was suffered by the claimant as a result partly of the fault of a person or persons other than the owner or person in charge of the motor vehicle in relation whereto such claim may be so made and enforced then, for the purpose of the recovery of contribution by or from The Nominal Defendant (Queens- land), Part II of "The Law Reform (Tortfeasors Contribution, Contributory Negligence, and Division of Chattels) Act of 1952" applies as if The Nominal -Defendant (Queensland) were the owner of the motor vehicle
in relation whereto such claim may be so made.
For the purposes of this subsection damage suffered by a claimant as a result partly of the fault of a person, other than the owner, who at the time in question was in charge of a motor vehicle, shall be deemed to have been suffered as the result partly of the fault of such owner.
(4) (a) The Nominal Defendant (Queensland) shall not be liable in respect of any claim made to it under this section unless, within three months from and including the date on which the injury in respect of which the claim is made was caused or such extension of such period,
MOTOR VEHICLES INSURANCE Acr 1936-1979 s. 4F 15
as may be granted under this subsection, the claimant shall have made the claim or shall have given to The Nominal Defendant (Queensland) notice of intention to make it.
(b) Upon being satisfied that failure to make or to give notice of any such claim in compliance with paragraph (a) of this subsection has been caused by the death of any person or by any other cause which The Nominal Defendant (Queensland) or, as the case may be, the court is satisfied was not occasioned by any act or omission of the claimant or any l'erson acting on his behalf-
(i) The Nominal Defendant (Queensland) may extend the afore- said period of, three months but not in any case beyond the period of six months from and including the date on which the injury in respect of which the claim is made was caused;
or
(ii) Upon application made not later than three months after the claimant made or gave notice of the claim, any court in which an action referred to in this section may be brought may extend the aforesaid period of three months (or any extension thereof granted by The Nominal Defendant (Queensland)) but not in any case beyond the period of limitation which, except for this section, would apply for bringing an action in respect of the claim in question.
(c) A notice of intention to make a claim referred to in this section shall, for the purposes of this subsection be deemed to be given by the person making the claim if it is given by his solicitor or agent or, if the person who suffered ·the bodily injury in respect of which the claim is made · is dead, by a person who is the personal representative of such deceased person or beneficially interested in the action, or by the solicitor or agent of such personal representative or person.
( 5) In the case of a claim referred to in this section in respect of non-fatal injury, The Nominal Defendant (Queensland) may require a personal medical examination of the person who suffered such injury by a duly qualified medical practitioner named by it.
If such person fails to appear for a personal medical examination by the duly qualified medical practitioner so named on a day and at a time and place whereof he has received not less than seven days' prior notice in writing from The Nominal Defendant (Queensland) or, so appearing, refuses to be medically examined by such duly qualified medical prac·
titioner, or in any way obstructs. such examination,. the claim in question, and any action brought to enforce such claim, shall be suspended, and unless he undergoes such examination within three months after the day so notified to him or The Nominal Defendant (Queensland) sooner exempts him from such examination he shall be de~med to have abandoned his right to claim against The Nominal Defendant (Queensland) under this section and to have discontinl!ed any action brought by him to enforce it, and he shall not bring any fresh action to enforce such right.
16 s. 4E MOTOR VEHICLES INSURANCE ACf 1936-1979 ( 6) (a) Where a claim is made to The Nominal Defendant (Queens- land) under this section the Commissioner of Police shall, at the request of The Nominal Defendant (Queensland) furnish to it, or allow it to make and take a copy of, every report made by a member of the Police Force in relation to the incident which caused the injury in respect of which the claim is made.
(b) No member of the Police Force shall incur any civil or criminal liability as for defamation by the publication of any defamatory matter in a copy of a report furnished to or taken by The Nominal Defendant (Queensland) pursuant to this subsection, or in such report.
Nothing in this subsection shall be taken as authorising, justifying or excusing in respect of any such report any contravention of or failure in any respect to comply with the provisions of "The Police Acts, 1937 to 1960, .. and any action, investigation or other proceeding whatsoever under such Acts may be had and taken by or against any member of the Police Force in respect of any such contravention or failure in all respects as if this subsection had not been enacted.
(7) The Nominal Defendant (Queensland) may settle any claim made to it under this section or any action brought against it to enforce any such claim.
Inserted by Act of 1961, 10 Eliz. 2 No. 16, s. 8; as amended by Act of 1963.
No. 30, s. 3; Act of 1968, No. 4, a. 8; Act of 1971, No. 49, s. 116; Act of 1975, N<>. 39, s. 40; Act of 1975, No. 58, s. 3; Act of 1979, No. 71, s. S.
Section 7 of Act of 1979, No. 71 reads as follom:-
7. Coostmctlon of s. 4F (Z) and (3) of Principal Act. Subsections (l) and (3) of. section 4F of the Principal Act shall be construed· and applied as. if ·the words substituted therein· by section S of this Act had appeared therein at ail times from the enactment of those subsections in lieu of the word' omitted therefrom by section S of this Act.
4G. Recovery from OWDel' or driver. ( 1) Any amount properly paid by The Nominal Defendant (Queensland) in satisfaction of a claim made or judgment recovered against it and the amount of any costs and expenses properly incurred by it in relation to any such claim or to the action in which the judgment was obtained may be recovered by The Nominal Defendant (Queensland) as a debt-
(a) If the motor vehicle in respect of which the claim was made or the judgment was recovered was insured under this Act when the accidental bodily injury (fatal or non- fatal) in respect of which the claim was made or the judgment was recovered was caused, from the insurer under this Act; or
(b) If the claim was made or the judgment was recovered in respect of an uninsured motor vehicle, from the person who, at the time of the occurrence out of which such claim arose or in respect of which such judgment was recovered, was the owner of the motor vehicle or, where at the time of such occurrence some other person was driving the motor vehicle, from the owner and the driver jointly or from either of them severally; or
MOTOR VEHICLES INSURANCE ACf 1936-1979 s.4G 17
(c) If, pursuant .to subsection (3B) of section 4F of this Act contribution in respect of the claim or judgment is recover- able by The Nominal Defendant (Queensland) from any person, from that person to the extent of his liability for such contribution:
Provided that-
( a) It shall be a sufficient defence in any action brought under this subsection against the owner (whether severally or jointly with the driver) if he establishes to the satisfaction of the court that, at the time of the occurrence, some other person was driving the motor vehicle without his authority;
(b) It shall be a sufficient defence in any action brought under this subsection against the driver (whether severally or jointly with the owner) if he establishes to the satisfaction of the court that, at the time of the occurrence, he was driving the motor vehicle with the authority of the owner or had reasonable grounds for believing and did in fact believe that he had such authority, and that he had reasonable grounds for believing and did in fact believe that the motor vehicle was insured under this Act.
The Nominal Defendant (Queensland) may recover, pursuant to
paragraph (a) of this subsection, an amount properly ~d by it not- withstanding that at .the time -when the accidental bodily mjury (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.
In the case of an unidentified motor vehicle an action may be brought by The Nominal Defendant (Queensland) under this subsection within three years from the date on which it first had knowledge of the identity of such vehicle.
Where The Nominal Defendant (Queensland) has made any payment in satisfaction of any claim made to it, or has incurred any costs and expenses in relation to any claim made to it then, in any action under this subsection by The Nominal Defendant (Queensland) for the recovery of the amount paid by it in satisfaction of the claim, or the amount of the costs and expenses incurred by it in relation to the claim, or both s:uch amounts, or for the recovery of contribution in respect of such payment or costs and expenses, The Nominal Defendant (Queens- land) shall be presumed, until the contrary is proved, to have properly paid the amount alleged by it to ·have -been paid in sati&faction of the claim and to have properly incurred in relation to the claim the amount of costs and expenses alleged by it.
18 s. 4H MOTOR VEHICLES INSURANCE ACf 1936-1979
(2) In an action against The Nominal Defendant (Queensland) to enforce a claim in respect of an unidentified motor vehicle, the court may, at any stage of the proceedings, upon the application of either party, and upon being satisfied that such motor vehicle is insured under this Act, order that the name of the owner of such motor vehicle or the name of any person who, in respect of that motor vehicle, is an insured person be added or substituted as defendant, and the provisions of the rules of the court relating to striking out and adding parties shall, with and subject to any necessary modifications, apply accordingly.
(3) Where a claim is. made against The Nominal Defendant (Queens- land) in rela~ion to accidental bodily injury (fatal or non-fatal) caused by, through or in connection with a motor vehicle referred to in subsection (3A) of section 4F it shall be deemed for the purposes of recovery of any amount paid in satisfaction of that claim or any judgment relating to that claim, together with costs arid expenses in respect thereof, that The Nominal Defendant (Queensland) is the insurer under this Act of such motor vehicle and has all the rights of recovery conferred by Jaw on such insurer.
lnser.ted by Act of 1961, 10 Eliz. 2 No. 16, s. 8; as amended by Act of 1963, No. 30, s. 4; Act of 1968, No. 4, s. 9; Act of 1971, No. 49, s. 17; Act of 1979, No. 71, s. 6.
4H. Prohibition against soliciting for authority to make daim9 and commence actions, etc. ( 1 ) No person shall directly or indirectly for personal gain-
(a) Solicit instructions or authority to act on behalf of any other ·person in respect of the making or commencement of any claim or action for damages for accidental bodily injury (fatal or non-fatal) to any person caused by, through or in connection with a motor vehicle' or in respect of the negotiation, compromise or settlement of such claim or action; or
(b) On behalf of any other person make or commence qr cause to be made or commenced any claim or action for such damages aforesaid or negotiate, settle or compromise any such claim or action when made or commenced.
(2) Paragraph (b) of subsection one of this section shall not apply to any barrister cir solicitor properly acting in the course of his profession.
(3) Any agreement to pay any person who contravenes any of the provisions of subsection one of this section any money for work done or services rendered in respect of the matters referred to in the said subsection one shall be void, and any money so paid shall be recoverable by action brought in any court of competent jurisdiction by the person who has paid it.
Present s. 4H (original s. 4B) inserted by Act of 1944, 8 Geo. 6 No. 11, s. 4;
renumbered by Act of 1961, 10 Eliz. 2 No. 16, s. 9.
MOTOR VEHICLES INSURANCE Acr 193~1979· ss. 5-9 19 5. Offences. Any person who contravenes. or neglects, or fails to comply with any of the provisions of this Act shall be liable to· a penalty not exceeding two .hundred dollars.
All penalties incurred under this Act may be · recovered in a summary way by complaint under "The Justices Acts, 1886 to 1932."
Proceedings for an offence against this Act may be instituted within twelve months after the offence is committed or within six months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period.
Decimal currency reference substituted pursuant to scciion 7 of Decimal Currency Act of 1965.
6. ( 1 ) Contracting out ol liability probibited. A contract whereby a person contracts in advance out of any right to claim damages or any other remedy in respect of bodily injury (fatal or non-fatal) caused by, through or in connection with a motor vehicle shall to that extent be void. ·
(2) Saving of common law liability. Save as is prescribed by subsection ( 1 ) of this section, nothing in this Act shall affect any civil liability of any person at common law, or affect the right of any person to sue for and recover damages at common law.
Substituted by Act of 1967, No. 13, s. 4; as amended by Act of 1968, No.4, s. 10.
7. Saving of "The Criminal Code." Nothing in this Act shall prejudice or limit or in any wise affect the provisions of "The Criminal Code."
8. Saving of certain Ads. Nothing in this Act shall prejudice or affect the provisions of the Heavy Vehicles Acts, the State Transport Act, and/or "The Traffic Acts, 1905 to 1933,'' and/or the Main Roads Acts (or any Acts amending or in substitution for those Acts or any of them, or any regulations or Orders in Council thereunder).
SA. (Repealed).
Repealed by Act of 1975, No. 58, s. 4.
9~ ( l ) ReguJati:ons. The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing adequate, necessary, or expedient to give effect to this Act, providing for and supplying such omission or insufficiency.
20 s. 9 MOTOR VEHICLES INSURANCE ACT 1936-1979
Without limiting the generality of the foregoing provision, such regulations may be made for all or any of the following purposes:-
(a) CoUection of insurance premiums. The collection of insur- ance premiums for or in respect of the insurance of the motor vehicle, on behalf of the Office or a licensed insurer by the Secretary or other officer of the Commissioner of Main Roads or other ·officer under any other law in force, at the time of registration of the said motor vehicle.
(b)
(c)
(d)
(e)
Duty of insured person to report accidents. The duties and responsibilities of insured persons in respect of giving the Office or a licensed insurer notice of all accidents affecting the motor vehicle, with such particulars thereof as may be prescribed.
Application and distribution of moneys received under policies.
The making and settlement of claims; the joinder of the Office or a licensed insurer in any proceeding to enforce a claim in respect of which an insured person is indemnified; the regulation of a proceeding in which the Office or a licensed insurer is joined; the application and distribution or pay- ment into court of insurance moneys payable under the policy concerned; provision that in case of death or· bank- ruptcy of the insured person such person's liability to be a charge on such insurance moneys.
Form of policy of Office. The form of contracts and/ or policies of insurance, including the terms, provisions, cOhdi- tions and stipulations, conditions of liability or indemnity, or otherwise, issued by the Office or a licensed insurer.
For:ms of contracts of insurers. The form of contracts and/or policies of insurance, including the terms, provisions, condi- tions and stipulations, conditions of liability or indemnity, or otherWise, which may be issued by the Office or a licensed insurer under "The Insurance Acts, 1916 to 1934,"
in respect of any insurance over and above the minimum amount of insurance prescribed by this Act. · (f) Rates of premium. The rates of premium in respect of
policies issued by the Office or a licensed insurer, which rates may vary on such bases as may be prescribed.
(g) Returns and notices. The furnishing of prescribed returns and notices and the service of any process by prescribed persons.
(h) The circumstances in which the Office or a licensed insurer may recover from an insured person any sum paid on his behalf; the regulation of such recovery; the subrogation of the Office and licensed insurers to the rights of an insured person against any other person in respect of any claim; the enforcement of the rights to which the Office or, as the case may be, licensed insurer is subrogated. ·
··MOTOR VEHICLES INSURANCE Acr 1936-1979 ss. 10-12 21
(i) Generally. All such observances as are not specifically provided for in this Act, and which the Governor in Council considers it desirable that provision should be made in respect thereof.
(2) Regulations may be made on the passing of this Act. Regula- tions may be made on the passing of this Act.
(3) May fix penalty. The regulations may fix a penalty not exceeding in any case forty dollars for any breach thereof.
· As amended by Act of 1961, 10 Eliz. 2 No. 16, s. 10; Act of 1968, No.4, s. 11.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
10. Rcgulatioru to form part of this Act. All regulations made or purporting to have been made under this Act shall be published in the Gazette, and thereupon shall be of the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever.
The production of a copy of the Gazette purporting to contain any such regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such regulation.
All regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session; and if not, then within fourteen days after the COJIUD.encement of the next
session~
If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within· fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the· validity of anything done in the meantime.
For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business.
lJ..
(Repealed).Repealed by Act of 1945, 9 Oeo. 6 No. 27, s. 3.
12. Actions for damages. Where an action in respect of or arising out of accidental bodily injury (fatal or non-fatal) to any person caused by, through or in connection with a motor vehicle is before the Supreme Court of Queensland, or a District Court, and any person who may be made liable in that action is indemnified under a contract of insurance in accordance with this Act or with the law of the State of New South Wales or of any other prescribed State or Territory of the Commonwealth of Australia, such action shall be heard and determined by a judge without a jury.
Every action which is brought in the Supreme Court of Queensland or a District Court-
(a) Against The Nominal Defendant (Queensland) to enforce any claim made to it under section 4F of this Act; or
22 ss. 13, 14 MOTOR VEHICLES INSURANCE ACT 1936-1979
(b) By The Nominal Defendant (Queensland) to recover from an insurer or the owner or driver of a motor vehicle any sum recoverable by The Nominal Defendant (Queensland) under section 4G of this Act; or
(c) By an insurer to recover from an insured person any sum recoverable under or pursuant to the contract or policy of insurance,
shall be heard and determined by a judge without a jury,
& amended by Act of 1961, 10 Eliz. 2 No. 16, s. 11; Act of 1968, No. 4, s. 12.
13. Construction. This Act shall be read and construed subject to The Commonwealth of Australia Constitution Act, and so as not to·
exceed the legislative power of the State, to the intent that where any enactment thereof would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.
14. Claims in respect ol certain insurers. ( 1) This section applies to claims for damages in respect of accidental bodily injury (fatal or non-fatal) to any person caused in any State or Territory of the Commonwealth of Australia by, through or in connection with a motor
vehicle-- ·
(a) before four o'clock in the afternoon of the thirty-first day of March, one thousand nine hundred and sixty-one, in the case of a motor vehicle insured under this Act at the material time with Standard Insurance Company Limited; or
(b) before the twenty-first day of September, one thousand nine hundred and sixty-two, in the case of a motor vehicle insured under this Act at the material time with Seven Seas Insurance Company Limited.
(2) Subject to this section the Nominal Defendant (Queensland) shall have, to the exclusion of the insurer, the same duties, liabilities, rights and powers in respect of ·any claim for damages to which this section applies as the insurer would have had under . this Act and the relevant contract of insurance under this Act prior to four o'clock in the afternoon of the thirty-first day of March, one thousand nine hundred and sixty-one, or, as the case may be, the twenty-first day of September, one thousand nine hundred and sixty-two, if the claim had been made to the insurer before such time or, as the case may be, date.
(3) The provisions of subsections (5) and (6) of section 4F of this Act shall apply with respect to a claim for damages to which this section applies.
( 4) Where, on or after the sixteenth day of November, one thous-.
and nine hundred and sixty-two, the parties to any claim for damages to which this section applies . have settled such claim or a judgment in respect of such damages has been made by a court of competent
