Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) Act (Chapter 296)

• Coming into Force: 26 September 1974
• Published date: 26 September 1974
• Revision Date: 01 October 2021
• Year: 1974
• Type of Document: Historic Legislation

Contenidos

• Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) Act (Chapter 296)
• PART I.—PRELIMINARY.
• 1. Interpretation.
• 2. Application to the State.
• 3. Exclusion of certain deaths.
• 4. Saving of Coroners Act.
• PART II.—INQUIRIES.
• 5. Assessment officers.
• 6. Magistrates and coroners to be assessment officers.
• 7. Appointment of assessors.
• 8. Establishment of inquiry.
• 9. Inquiry to be conducted without regard to IegaI formalities.
• 10. Power to summon witnesses.
• 11. Representation.
• 12. Contempt of assessment officer.
• 13. Transfer of proceedings.
• 14. Effect of transfer.
• PART III.—COMPENSATION.
• 15. Determination of cause of death.
• 16. Determination as to entitled persons, etc.
• 17. Entitlement to compensation.
• 18. Maximum amount of compensation payable.
• 19. Award of Compensation.
• 20. Payment of compensation.
• 21. Distribution of copies of award.
• 22. Enforcement of awards.
• 23. Recovery by successor company, etc., in certain cases.
• 24. Recovery by successor company where decision of assessment officer subsequently overruled.
• 25. Saving of other rights of action.
• PART IV.—MISCELLANEOUS.
• 26. Judicial notice.
• 27. Acts done on Sundays.
• 28. Indemnity.
• 29. Regulations.

Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) Act (Chapter 296)

[Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) Act (Chapter 296) consolidated to No 10 of 2021]

INDEPENDENT STATE OF PAPUA NEW GUINEA.

CHAPTER No. 296.

Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) Act.

Being an Act to provide for the speedy payment of a limited amount of compensation to the dependants of persons whose deaths are directly or indirectly attributable to the use of motor vehicles, without regard to any concept of negligence, and for related purposes.

PART I.—PRELIMINARY.

1 Interpretation.

In this Act, unless the contrary intention appears—

"assessment officer" means an assessment officer appointed under Section 5, and includes a Magistrate of a District Court and a coroner;

"assessor" means an assessor appointed under Section 7;

"award" means an award of compensation made under Section 19;

"compensation" means compensation payable under this Act;

"deceased person" means a deceased person to whom this Act applies;

"dependent child", in relation to a deceased person, means—

(a) a child (including an ex-nuptial child) of the deceased person; and

(b) a person to whom the deceased person stood in loco parentis;

"dependent wife", in relation to a deceased person, means a wife of the deceased person who was wholly or in part dependent, by custom or otherwise, on the deceased person at the date of his death;

"entitled person", in relation to a deceased person, means the person to whom compensation is payable under Section 17;

"Government motor vehicle" means a motor vehicle the property of the State;

"immediate customary kinship group", in relation to a deceased person, means—

(a) any wife or child of the deceased who was not wholly or in part dependent on the deceased person at the time of his death; and

(b) any member of the family, extended family, sub-clan or clan to which he was most closely affiliated during his lifetime, who is entitled to a beneficial share in the customary estate of the deceased;

"inquiry" means an inquiry conducted under this Act;

"insured motor vehicle" means a motor vehicle that, at the relevant time—

The definition of "insured motor vehicle" amended by Motor Vehicles (Third Party Insurance) (Amendment) Act 1997 (No. 28 of 1997), s3 and Schedule 2.

(a) is insured by the successor company under this Act; or

(b) is a Government motor vehicle;

Section 1 definition "motor vehicle" repealed and replaced by Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) (Amendment) Act 2021 (No. 10 of 2021), s1.

"motor vehicle" means —

(a) a motor car, motor carriage, motor cycle, motor truck, motor omnibus, motor tractor or other vehicle propelled wholly or partly by a volatile spirit or by steam, gas, oil or electricity, or by means other than human or animal power, and includes a trailer, but does not include a vehicle used on a railway or tramway; and

(b) equipment and trucks used in mining, petroleum, logging and agricultural project sites including but not limited to long wall machines, shuttle cars, rock dusters, personnel vehicles, scoops, draglines, shovels, haul trucks, highway miners, blast-hole drills, dozers, graders, tractors, sprayers, field cultivators, shredders and cutters, seeders and planters, ploughs, and balers;

"the regulations" means any regulations made under this Act;

The definition of "successor company" in Section 1: • inserted by Motor Vehicles (Third Party Insurance) (Amendment) Act 1997 (No. 28 of 1997), s3 and Schedule 2.

The definition of "successor company" in Section 1: • repealed and replaced by Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) (Amendment) Act 2000 (No. 51 of 2000).

"successor company" means—

(a) for the period from 14 January to 31 December 1998 inclusive, the successor company nominated under Section 65 of the Motor Vehicles (Third Party Insurance) Act (Chapter 295); and

(b) on and from 1 January 1999, Motor Vehicles Insurance Ltd or such other company as may be nominated under Section 72 of the Motor Vehicles (Third Party Insurance) Act (Chapter 295);

The definition of "the Trust" repealed by Motor Vehicles (Third Party Insurance) (Amendment) Act 1997 (No. 28 of 1997), s3 and Schedule 2.

"the Trust" . . .

"this Act" includes the regulations;

"uninsured motor vehicle" means a motor vehicle that is not an insured motor vehicle.

2 Application to the State.

This Act binds the State.

3 Exclusion of certain deaths.

This Act does not apply to or in relation to the death of a person that is directly or indirectly attributable to personal injury suffered by him as a result of a motor vehicle accident where the death occurred more than 90 days after the accident.

4 Saving of Coroners Act.

This Act does not affect the operation of the Coroners Act, and a coroner is not bound by any decision given by an assessment officer under this Act.

PART II.—INQUIRIES.

5 Assessment officers.

(1) The Minister may, by notice in the National Gazette—

(a) appoint an officer to be an assessment officer for the purposes of this Act; and

(b) specify the area within which he has jurisdiction, power and authority.

(2) An assessment officer appointed under Subsection (1) may conduct an inquiry relating to the death of a person where he has reasonable cause to believe that the death of that person was directly or indirectly attributable to the use of a motor vehicle in the area within which he has jurisdiction.

6 Magistrates and coroners to be assessment officers.

A Magistrate of a District Court and a coroner are, by virtue of their offices, assessment officers and have jurisdiction, power and authority throughout the country.

7 Appointment of assessors.

(1) An assessment officer may, where he thinks it necessary or desirable to do so in relation to any inquiry conducted or to be conducted under this Act, appoint not more than three persons to assist him with the inquiry.

(2) An assessor appointed under Subsection (1) has and shall perform such functions and duties, other than the making of a determination under Part III., as are directed by the assessment officer.

8 Establishment of inquiry.

(1) Where an assessment officer has reasonable cause to believe that the death of a person was directly or indirectly attributable to the use of a motor vehicle, he—

(a) may, of his own motion; and

(b) shall, as soon as practicable after receiving a request to do so from an...