Page 116 - Week 01 - Tuesday, 12 February 2008

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Note 1 Early payment of medical expenses is dealt with in ch 2A.

Note 2 Medical expenses and rehabilitation services are dealt with in pt 3.6.

Proposed new clause 170A

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170A Extraterritorial operation

(1) It is the intention of the Legislative Assembly that any provision of a Territory law that provides for limits on liability for damages for personal injury arising out of motor vehicle accidents that happen in the ACT—

(a) is to apply to the full extent of the Legislative Assembly’s capacity to legislate extraterritorially, even if damages are assessed outside the ACT; and

(b) is to be regarded by courts as a substantive rather than a procedural provision.

(2) If a claimant, in a proceeding brought in another jurisdiction, recovers damages in excess of the maximum amount that could have been recovered if the proceeding had been brought in the ACT, the respondent may recover from the claimant the amount (the excess amount) by which the damages exceed the maximum amount of damages that could have been awarded had the proceeding been brought in the ACT.

(3) The excess amount may be recovered as a debt to the claimant.

(4) In this section:

another jurisdiction means a jurisdiction other than the ACT and includes a jurisdiction outside Australia.

Clause 177 (1) (b) (i)

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(i) is satisfied that the applicant would not, or would not be able to, properly exercise the functions of a licensed insurer if issued with a licence; or

Proposed new clause 178 (1) (ca)

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(ca) section 67F (What kinds of expenses must be paid by insurer?);

Clause 181 (2), note 2

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Note 2 Contravention of a licence condition is also grounds for—

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