Western Australia: Motor Vehicle (Third Party Insurance) Act 1943 (WA)

Western Australia Motor Vehicle (Third Party Insurance) Act 1943 Western Australia Motor Vehicle (Third Party Insurance) Act 1943 Contents 1. Short title and commencement 1 2. This Act to be read with the Road Traffic (Vehicles) Act 1 3. Terms used 1 3A. Application of sections 3C and 3D 1 3B. Limit on powers of courts 1 3C. Restrictions on damages for non‑pecuniary loss 1 3D. Restrictions on damages for provision of home care services 1 3E. Causes of action to which restrictions on damages apply 1 3EA. Restrictions on damages if payments received under CISS 1 3F. Restriction on damages for loss relating to earning capacity 1 3FA. Restrictions on damages to be part of the substantive law 1 3FB. Damages for treatment, care and support needs: catastrophic injury 1 3G. Liability of employers 1 3Q. Director General's functions 1 3QA. Agreements for performance of functions 1 3QB. Delegation 1 3R. Issue of policies of insurance 1 3S. Further powers of the Commission 1 3T. Premiums 1 4. Insurance against third party risks 1 6. Requirements in respect of policies 1 6A. Insurance relating to catastrophic injury 1 7. Liability of the Commission 1 8. Special provisions in relation to uninsured motor vehicles 1 10. Duties of owner or insured person 1 11. Power of the Commission to deal with claims against insured persons 1 12. Emergency treatment 1 14. Recovery of payment for emergency treatment 1 15. Right of the Commission against unauthorised drivers 1 16. Jurisdiction 1 17. Insurance by visiting motorists 1 18. Power to suspend or cancel licences 1 19. Commission not to terminate policy 1 20. Policy of insurance to continue notwithstanding change of ownership of vehicle 1 21. Term of policy of insurance extended in certain cases 1 22. Provision regarding motor vehicle of employee used by employee in employer's business 1 23. Policies to give cover required by amending Acts 1 24. Reference to issue of policy to extend to renewal of policy 1 25. Information to be furnished by the Commission 1 26. Contracting out of liability for negligence 1 27. Soliciting instructions from persons claiming 1 27A. Costs between solicitor and client 1 27B. False or misleading information 1 27C. Obstruction 1 28. Offences: general penalty 1 29. Notice of claim 1 29A. Court may grant leave to proceed 1 30. Examination of injured person by health professional 1 33. Regulations 1 34. Transitional provision for Motor Vehicle (Catastrophic Injuries) Act 2016 1 Schedule — Form of insurance policy Notes Compilation table 1 Other notes 1 Defined terms Western Australia Motor Vehicle (Third Party Insurance) Act 1943 An Act to require owners of motor vehicles whilst on a road, to be insured against liability in respect of deaths or bodily injuries directly caused by, or by the driving of, such motor vehicles, whether caused on or off a road, to make certain provisions in relation to such insurance and in relation to the awarding of damages in respect of such bodily injuries, and for other purposes. [Long title amended: No. 95 of 1966 s. 3; No. 42 of 1972 s. 3; No. 107 of 1987 s. 4; No. 13 of 1994 s. 4; No. 17 of 1994 s. 4.] 1. Short title and commencement This Act may be cited as the Motor Vehicle (Third Party Insurance) Act 1943, and shall come into operation on a day to be fixed by proclamation. 2. This Act to be read with the Road Traffic (Vehicles) Act (1) This Act shall be read in conjunction with and as supplementary to the Vehicles Act. (2) Words and expressions defined in, or for the purposes of, the Vehicles Act shall have the same respective meanings in this Act, unless the contrary intention appears. [Section 2 amended: No. 58 of 1974 s. 27; No. 13 of 1994 s. 5; No. 8 of 2012 s. 136 and 141.] 3. Terms used (1) In this Act, unless the context requires otherwise — assessed treatment, care and support needs has the meaning given in the MVWA(CI) Act section 18(2); catastrophic injury has the meaning given in the MVWA(CI) Act section 3(1); CISS means the scheme provided for in the MVWA(CI) Act for the lifetime care and support of certain people catastrophically injured in motor vehicle accidents and workplace accidents; Commission means the body continued as the Insurance Commission of Western Australia under the Insurance Commission of Western Australia Act 1986; contract of insurance means a contract of insurance with the Commission and complying with the requirements of this Act; Director General means the CEO as defined in the Road Traffic (Administration) Act 2008 section 4; District Court means The District Court of Western Australia established under the District Court of Western Australia Act 1969; driver in relation to a motor vehicle includes any person who is in charge of the motor vehicle; Fund means the Third Party Insurance Fund established under section 16 of the Insurance Commission of Western Australia Act 1986; insured person means the owner of a motor vehicle in respect of which a policy of insurance is in force under this Act, and the driver at the material time whether with or without the consent of the owner; Minister means the Minister for the time being charged by the Governor with the administration of this Act; motor vehicle means any vehicle propelled by gas, oil, electricity or any other motive power, not being animal power, required to be licensed, and complying with the requirements necessary for licensing, under the Vehicles Act and includes a caravan, trailer or semi‑trailer drawn or hauled by a motor vehicle; MVWA(CI) Act means the Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016; owner when used in relation to a motor vehicle which is the subject of a hire purchase agreement means the person in possession of that vehicle under that agreement; and when used in relation to a motor vehicle which is the subject of a hiring agreement (other than a hire purchase agreement) includes any persons who have hired the vehicle under that hiring agreement. Save as aforesaid the term owner means and includes every person who is the owner or part owner or joint owner of a motor vehicle, but does not include the grantee under a Bill of Sale by way of security granted in respect of a motor vehicle except when such grantee takes possession of the motor vehicle under the authority of and by way of enforcing his rights as grantee under such Bill of Sale; policy of insurance includes a cover note and/or certificate of insurance which is binding on the insurer; uninsured motor vehicle means any motor vehicle in relation to which there is required to be in force a contract of insurance entered into by the owner of the motor vehicle under this Act and in relation to which there is not existing and in force a contract of insurance under this Act: The expression does not include a motor vehicle owned by the Commonwealth or any Commonwealth instrumentality; Vehicles Act means the Road Traffic (Vehicles) Act 2012. (2) Any reference in this Act to action brought or a judgment entered or obtained or a judgment creditor or judgment debtor or execution of a judgment shall (where the case so requires) include a reference to a prosecution commenced, an order made by a court, the person in whose favour the order is made, the person against whom the order is made and distress levied upon such order. (3) This Act shall not render it obligatory to insure any motor vehicle owned by the Crown in right either of the Commonwealth or of the State and used solely in the public business of the Commonwealth or of the State as the case may be. (3A) Despite subsection (3), in relation to any motor vehicle which is owned by the Crown in right of the State and is not insured, the Crown shall be under the same liabilities and have the same rights as an insurer if such insurer had issued to the Crown a policy of insurance complying with this Act in relation to the use of that vehicle. (4) It shall not be necessary for the owner of any motor vehicle which is temporarily in this State and which is licensed or registered in any other State or territory of the Commonwealth prescribed by the Governor as hereinafter provided to insure under this Act, if while the motor vehicle is in this State the owner and any driver of such motor vehicle whilst that motor vehicle is on a road are insured under a contract of insurance in accordance with the law of such other State or territory against liability which may be incurred by such owner or driver in respect of the death of or bodily injury to any person directly caused by, or by the driving of, such motor vehicle in this State, whether caused on or off a road. (4B) The Governor may by order in council prescribe for the purposes of subsection (4) any State or territory of the Commonwealth in which the Governor is satisfied there is in operation legislation for the carrying out of objects substantially similar to the objects of this Act. (5) So far as relates to motor vehicles for which licences under the Vehicles Act are not in force and which are in the possession or under the control of any manufacturer of or dealer in motor vehicles to whom a general identification disc or tablet has been assigned under section 26 of the Act, the provisions of this Act shall, with such adaptations as are necessary, extend and apply in all respects as if such manufacturer or dealer were the owner of every such motor vehicle, and the application of a manufacturer or dealer for the assignment to him of a general identification disc or tablet aforesaid shall for the purposes of this Act be deemed to be an application for a licence in respect of one motor vehicle of every different class of motor vehicle in the possession or under the control of the applicant for which such general identification disc or tablet is required by the applicant. (6) This Act shall cease to have any effect in relation to any motor vehicle which is commandeered, requisitioned, or used for any military or defence purposes under any law of the Commonwealth or any regulation made or any proclamation issued under any such law. (7) For the purposes of this Act, the death of or bodily injury to any person shall not be taken to have been caused by a vehicle if it is not a consequence of the driving of that vehicle or of the vehicle running out of control. [Section 3 amended: No. 40 of 1944 s. 2; No. 7 of 1945 s. 2; No. 31 of 1948 s. 3 and 5; No. 18 of 1959 s. 3; No. 31 of 1960 s. 2; No. 72 of 1962 s. 2; No. 71 of 1963 s. 2; No. 95 of 1966 s. 4; No. 21 of 1969 s. 2; No. 19 of 1970 s. 2; No. 44 of 1971 s. 2; No. 42 of 1972 s. 4; No. 58 of 1974 s. 28; No. 55 of 1975 s. 2; No. 106 of 1981 s. 9; No. 81 of 1982 s. 3; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 5 and 14; No. 13 of 1994 s. 6; No. 45 of 1996 s. 38; No. 76 of 1996 s. 37; No. 7 of 2002 s. 16; No. 84 of 2004 s. 80; No. 19 of 2010 s. 51; No. 8 of 2012 s. 137 and 141; No. 8 of 2016 s. 44; No. 21 of 2023 s. 679.] 3A. Application of sections 3C and 3D Sections 3C and 3D apply to the awarding of damages in respect of bodily injury to a person directly caused by, or by the driving of, a motor vehicle. [Section 3A inserted: No. 17 of 1994 s. 5.] 3B. Limit on powers of courts If sections 3C and 3D apply a court is not to award damages to a person contrary to those sections. [Section 3B inserted: No. 17 of 1994 s. 5.] 3C. Restrictions on damages for non‑pecuniary loss (1) In this section — Amount A 1 means — (a) for the financial year ending on 30 June 1994, $200 000; and (b) for any subsequent financial year, the amount recalculated as Amount A under subsections (8) and (9); Amount B 1 means — (a) for the financial year ending on 30 June 1994, $10 000; and (b) for any subsequent financial year, the amount recalculated as Amount B under subsections (8) and (10); Amount C 1 means — (a) for the financial year ending on 30 June 1994, $30 000; and (b) for any subsequent financial year, the amount recalculated as Amount C under subsections (8) and (10); non‑pecuniary loss means — (a) pain and suffering; (b) loss of amenities of life; (c) loss of enjoyment of life; (d) curtailment of expectation of life; and (e) bodily or mental harm. (2) The amount of damages to be awarded for non‑pecuniary loss is to be a proportion, determined according to the severity of the non‑pecuniary loss, of the maximum amount that may be awarded. (3) The maximum amount of damages that may be awarded for non‑pecuniary loss is Amount A, but the maximum amount may be awarded only in a most extreme case. (4) If the amount of non‑­pecuniary loss is assessed to be Amount B or less, no damages are to be awarded for non‑pecuniary loss. (5) If the amount of non‑pecuniary loss is assessed to be more than Amount B but not more than Amount C, the amount of damages to be awarded for non‑pecuniary loss is the excess of the amount so assessed over Amount B. (6) If the amount of non‑pecuniary loss is assessed to be more than Amount C but less than the sum of Amounts B and C, the amount of damages to be awarded for non‑pecuniary loss is the excess of the amount so assessed over — (7) No entitlement to damages is created by subsection (2), (3), (5) or (6) and those subsections are subject to any law (other than the Workers Compensation and Injury Management Act 2023 Part 7 Division 2) that prevents or limits the awarding of damages. (8) By operation of this subsection and subsection (9) or (10) each of Amounts A, B and C is recalculated for each financial year with effect from 1 July (the recalculation date), commencing on 1 July 1994, by varying the respective amounts for the preceding financial year — (a) by the percentage by which the weighted average minimum award rate for adult males under Western Australian State Awards published by the Australian Statistician varies between 1 April in the calendar year preceding the recalculation date and 31 March in the calendar year of the recalculation date; or (b) if the relevant information is not so published, in accordance with the regulations. (9) If an amount recalculated under subsection (8) as Amount A is not a multiple of $1 000 it is to be rounded off to the nearest multiple of $1 000 (with an amount that is $500 more than a multiple of $1 000 being rounded off to the next highest multiple of $1 000). (10) If an amount recalculated under subsection (8) as Amount B or C is not a multiple of $500 it is to be rounded off to the nearest multiple of $500 (with an amount that is $250 more than a multiple of $500 being rounded off to the next highest multiple of $500). (11) On or before 1 July in each year the Minister is to publish a notice in the Gazette setting out Amounts A, B and C as they will have effect on and from that 1 July 1. (12) Failure to publish, or late publication of, a notice under subsection (11) does not affect the operation of subsection (8), (9) or (10). (13) Issues as to whether damages for non‑pecuniary loss may be awarded and as to the amount of those damages that may be awarded are to be determined by reference to Amounts A, B and C as in effect on the date on which the determination is made. [Section 3C inserted: No. 17 of 1994 s. 5; amended: No. 42 of 2004 s. 174; No. 21 of 2023 s. 680.] 3D. Restrictions on damages for provision of home care services (1) This section limits the damages that may be awarded for the value of gratuitous services of a domestic nature or gratuitous services relating to nursing and attendance that have been or are to be provided to the person in whose favour the award is made by a member of the same household or family as the person. (2) No damages are to be awarded for the value of the services if the services would have been or would be provided to the person even if the person had not suffered the bodily injury. (3) If the services are provided or to be provided for not less than 40 hours per week, the amount of damages awarded for their value is not to exceed the amount calculated on a weekly basis at the rate of — (a) the amount estimated by the Australian Statistician as the average weekly total earnings of all employees in Western Australia for the relevant quarter; or (b) if the Australian Statistician fails or ceases to make the estimate referred to in paragraph (a), the amount fixed by, or determined in accordance with, the regulations. (4) In subsection (3)(a) the relevant quarter means the quarter in which the services were provided or, if at the date of the award an estimate as referred to in that paragraph is not available to the court for that quarter or the services are yet to be provided, the most recent quarter for which such an estimate is available to the court at the date of the award. (5) If the services are provided or to be provided for less than 40 hours per week, the amount of damages awarded for their value is not to exceed the amount calculated at an hourly rate of one‑fortieth of the weekly rate that would be applicable under subsection (3) if the services were provided or to be provided for not less than 40 hours per week. (6) If the amount of damages that may be awarded under subsection (3) or (5) is Amount D or less, no damages are to be awarded for the value of the services provided or to be provided. (7) In subsection (6) Amount D 1 means — (a) for the financial year ending on 30 June 1994, $5 000; and (b) for any subsequent financial year, the amount recalculated as Amount D under subsections (8) and (9). (8) By operation of this subsection and subsection (9) Amount D is recalculated annually with effect from 1 July (the recalculation date), commencing on 1 July 1994, by varying Amount D for the preceding financial year — (a) by the percentage by which the weighted average minimum award rate for adult males under Western Australian State Awards published by the Australian Statistician varies between 1 April in the calendar year preceding the recalculation date and 31 March in the calendar year of the recalculation date; or (b) if the relevant information is not so published, in accordance with the regulations. (9) If the amount recalculated under subsection (8) is not a multiple of $500 it is to be rounded off to the nearest multiple of $500 (with an amount that is $250 more than a multiple of $500 being rounded off to the next highest multiple of $500). (10) On or before 1 July in each year the Minister is to publish a notice in the Gazette setting out Amount D as it will have effect on and from that 1 July 1. (11) Failure to publish, or late publication of, a notice under subsection (10) does not affect the operation of subsections (8) and (9). (12) The issue of whether damages may be awarded for the value of gratuitous services is to be determined by reference to Amount D as in effect on the date on which the determination is made. [Section 3D inserted: No. 17 of 1994 s. 5.] 3E. Causes of action to which restrictions on damages apply Sections 3A to 3D do not apply to causes of action arising before 1 July 1993 but apply to causes of action arising on or after that day and before the commencement of section 5 of the Motor Vehicle (Third Party Insurance) Amendment Act 1994 in the same way as they apply to causes of action arising after that commencement. [Section 3E inserted: No. 17 of 1994 s. 5.] 3EA. Restrictions on damages if payments received under CISS (1) In this section — interim participant means a person who under the MVWA(CI) Act is an interim participant in the CISS in respect of a motor vehicle injury to which that Act applies; lifetime participant means a person who under the MVWA(CI) Act is a lifetime participant in the CISS in respect of a motor vehicle injury to which that Act applies; treatment, care and support needs means — (a) treatment, care and support needs as defined in the MVWA(CI) Act section 3(1); and (b) excluded treatment, care and support needs as defined in that section. (2) Without limiting the meaning given in subsection (1) to the term treatment, care and support needs it includes gratuitous services of a domestic nature or gratuitous services relating to nursing and attendance provided, or to be provided, to a person by a member of the same household or family as the person. (3) Subsection (4) applies to the awarding of damages in respect of bodily injury to a person directly caused by, or by the driving of, a motor vehicle if the person — (a) has ceased to be an interim participant in respect of the bodily injury; and (b) has not become a lifetime participant in respect of the bodily injury. (4) No damages are to be awarded to the person in respect of any treatment, care and support needs of the person that relate to the bodily injury and that arose during the period in respect of which the person was an interim participant. (5) Subsection (4) applies — (a) whether or not the treatment, care and support needs are assessed treatment, care and support needs; and (b) whether or not the Commission is required to make a payment in respect of the treatment, care and support needs; and (c) whether or not any treatment, care, support or service is provided on a gratuitous basis. (6) If subsection (4) applies a court is not to award damages to a person contrary to that subsection. [Section 3EA inserted: No. 8 of 2016 s. 45; amended: No. 21 of 2023 s. 681.] 3F. Restriction on damages for loss relating to earning capacity (1) Subsection (4) applies to the awarding of damages in respect of bodily injury to a person directly caused by, or by the driving of, a motor vehicle. (2) Subsection (4) does not apply to causes of action arising before the commencement of section 4 of the Motor Vehicle (Third Party Insurance) Amendment Act 2006. (3) If subsection (4) applies a court is not to award damages to a person contrary to that subsection. (4) In assessing the amount of — (a) past economic loss due to the deprivation or impairment of earning capacity; or (b) future economic loss due to the deprivation or impairment of prospective earning capacity, for the purpose of the awarding of damages, earning capacity is to be disregarded to the extent that it would have exceeded a capacity to earn 3 times the average weekly earnings at the date of the award. (5) For the purpose of subsection (4), the average weekly earnings at the date of the award is — (a) the amount estimated by the Australian Statistician as the average weekly total earnings of full‑time adult employees in Western Australia for the quarter ending most recently before the date of the award for which such an amount has been estimated by the Australian Statistician and is, at that date, available to the court making the award; or (b) if the Australian Statistician fails or ceases to make the estimate referred to in paragraph (a), the amount fixed by, or determined in accordance with, the regulations. [Section 3F inserted: No. 15 of 2006 s. 4.] 3FA. Restrictions on damages to be part of the substantive law (1) In this section — restrictive provisions means sections 3A to 3F. (2) To remove doubt it is declared that if the substantive law of Western Australia is to govern a claim for damages in respect of bodily injury to a person directly caused by, or by the driving of, a motor vehicle, the restrictive provisions are part of that substantive law and are to be applied accordingly by the court that determines the claim (including a court of another jurisdiction). (3) This subsection applies if — (a) a court (including a court of another jurisdiction) awards damages to a person in respect of bodily injury to a person directly caused by, or by the driving of, a motor vehicle; and (b) the award does not conform with the restrictive provisions. (4) If subsection (3) applies, the person against whom the award is made is not required to pay the damages awarded to the extent that the award is contrary to the restrictive provisions. (5) If subsection (3) applies and the person against whom the award is made has paid as damages an amount in excess of the amount that would have been payable if the award had conformed with the restrictive provisions, that person is entitled to recover the excess as a debt from the person to whom the payment is made. [Section 3FA inserted: No. 8 of 2016 s. 46.] 3FB. Damages for treatment, care and support needs: catastrophic injury (1) In this section — treatment, care and support needs has the meaning given in the MVWA(CI) Act section 6. (2) Subsection (3) applies to the awarding of damages in respect of catastrophic injury to a person directly caused by, or by the driving of, a motor vehicle to the extent that the damages relate to any treatment, care and support needs of the person that have arisen or will or may arise in the future. (3) In determining the amount of damages, no deduction is to be made for any contributory negligence of the person in relation to the catastrophic injury to which the damages relate. (4) If subsection (3) applies a court awarding damages to a person is to award them in accordance with that subsection. [Section 3FB inserted: No. 8 of 2016 s. 46; amended: No. 21 of 2023 s. 682.] 3G. Liability of employers (1) This section has effect if the death of or bodily injury to a person is directly caused by, or by the driving of, a motor vehicle in circumstances giving rise to the owner of the motor vehicle being liable to pay compensation under the Workers Compensation and Injury Management Act 2023 in respect of that death or bodily injury or which would have given rise to liability of that kind but for section 20 of that Act. (2) If this section has effect, neither this Act nor a contract of insurance under this Act apply in respect of liability for negligence which may be incurred by the owner in respect of the death or bodily injury other than liability for the negligent driving of the motor vehicle. (3) In subsection (2) — owner includes any person for whose negligence the owner is legally responsible. [Section 3G inserted: No. 15 of 2006 s. 5; amended: No. 21 of 2023 s. 683.] [3H‑3K. Deleted: No. 51 of 1986 s. 46(2).] [3L‑3N. Deleted: No. 81 of 1982 s. 10.] [3P. Deleted: No. 8 of 1988 s. 5.] 3Q. Director General's functions The functions of the Director General include the exercise and performance of all powers, duties and responsibilities vested in or imposed on the Director General by this Act. [Section 3Q inserted: No. 76 of 1996 s. 38.] 3QA. Agreements for performance of functions (1) The Director General may enter into an agreement providing for the Director General's functions under this Act that are described in the agreement to be performed on behalf of the Director General. (2) The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature. (3) A function described in the agreement may be performed — (a) in accordance with the agreement; and (b) on and subject to terms and conditions in the agreement. (4) If the performance of a function is dependent upon the opinion, belief, or state of mind of the Director General it may be performed under the agreement upon the opinion, belief, or state of mind of the body or person with whom the agreement is made or another person provided for in the agreement. (5) For the purposes of this Act or any other written law, an act or thing done by, to, by reference to, or in relation to, a body or person in connection with the performance by that body or person under the agreement of a function of the Director General is as effectual as if it had been done by, to, by reference to, or in relation to, the Director General. [Section 3QA inserted: No. 7 of 2002 s. 17.] 3QB. Delegation (1) The Director General may delegate to a person any power or duty of the Director General under another provision of this Act. (2) The delegation must be in writing signed by the Director General. (3) If a person is not employed in the Director General's department, a power or duty can only be delegated to the person under this section if the person has been approved by the Minister for the purposes of this section. (4) An approval under subsection (3) may be given in respect of — (a) a specified person or persons of a specified class; or (b) the holder or holders for the time being of a specified office or class of office. (5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (6) A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (7) Nothing in this section limits the ability of the Director General to perform a function through an officer or agent. [Section 3QB inserted: No. 7 of 2002 s. 17.] 3R. Issue of policies of insurance [(1) deleted] (2) No person other than the Director General, on behalf of the Commission, shall issue any policy of insurance under or for the purposes of this Act, and subject to this Act it shall be the duty of the Commission to cause policies of insurance to be issued under and for the purposes of this Act. (3) Subject to the provisions of section 4, the Director General shall issue policies of insurance under this Act on behalf of and as agent for the Commission. (4A) The Director General shall at such times as are directed by the Commission remit to the Commission the total amount of all insurance premiums received by it under this Act together with such documents and information relating thereto as may be prescribed. (4B) The Director General shall pay to the Treasurer at such times as are directed by the Treasurer all amounts of duty payable under the Duties Act 2008 upon the issue of the policies. (4C) The Treasurer shall pay all amounts received by him under subsection (4B) into the Consolidated Account. (5) Subject to the approval of the Minister, the Commission shall determine the terms, warranties, and conditions to be contained in policies of insurance under this Act. [Section 3R inserted: No. 31 of 1948 s. 4; amended: No. 40 of 1951 s. 7; No. 57 of 1962 s. 3; No. 45 of 1973 s. 3; No. 58 of 1974 s. 29; No. 106 of 1981 s. 10; No. 81 of 1982 s. 13; No. 51 of 1986 s. 46(2); No. 8 of 1988 s. 6; No. 6 of 1993 s. 11; No. 76 of 1996 s. 40; No. 77 of 2006 s. 4; No. 12 of 2008 Sch. 1 cl. 23(1); No. 19 of 2010 s. 51.] 3S. Further powers of the Commission The Commission shall have and may exercise such further powers as may be prescribed under this Act. [Section 3S inserted: No. 31 of 1948 s. 4; amended: No. 51 of 1986 s. 46(2).] 3T. Premiums (1) At least once in each financial year, the Commission is to make an assessment of the extent to which the premium income of the Commission as estimated on the basis of existing scales of premiums, together with other income expected to be received under and for the purposes of this Act and the MVWA(CI) Act by the Commission, will be sufficient to meet claims, payments, costs and other expenses anticipated to arise or to be incurred under this Act and the MVWA(CI) Act. (1A) The reference in subsection (1) to other income expected to be received under, and to claims, payments, costs and other expenses anticipated to arise or to be incurred under, the MVWA(CI) Act is limited to that income and to those claims, payments, costs and other expenses that relate to motor vehicle injuries to which that Act applies. (2) Before making an assessment under subsection (1), the Commission shall procure and consider an actuarial report on the Fund and the Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Fund established under the Insurance Commission of Western Australia Act 1986 section 16(1)(b). (3) If, having regard to an assessment made under subsection (1), the Commission is of the opinion that the existing scales of premiums are likely to be insufficient or excessive, the Commission shall submit for the approval of the Minister its recommendations for new scales of premiums and at the same time shall furnish to the Minister a copy of the actuarial report referred to in subsection (2). (4) The Minister may approve or refuse to approve recommended scales of premiums submitted under subsection (3) or may invite the Commission to review all or any of its recommendations. (5) If under subsection (4) the Minister invites the Commission to review all or any of its recommendations, the Commission shall proceed to do so and after such a review the Commission may submit further recommendations for the approval of the Minister. [Section 3T inserted: No. 81 of 1982 s. 14; amended: No. 51 of 1986 s. 46(2); No. 15 of 2006 s. 6; No. 8 of 2016 s. 47; No. 21 of 2023 s. 684.] 4. Insurance against third party risks (1) When any motor vehicle is on a road there is required to be in force in relation to the motor vehicle a contract of insurance entered into by the owner of the motor vehicle under which the owner has insured subject to and in accordance with this Act against any liability which may be incurred by the owner or any person who drives the motor vehicle in respect of the death of or bodily injury to any person directly caused by, or by the driving of, the motor vehicle. [(2) deleted] (3A) Where a motor vehicle in relation to which there is not in force a policy of insurance complying with this Act is used on a road the owner of the motor vehicle and any person so using the motor vehicle or causing or permitting such use commits an offence. Penalty: First offence: $400. Subsequent offence: $800. (3B) A person shall not be convicted or punished for an offence under subsection (3A) if he has already been convicted or acquitted of, or the penalty has been paid under an infringement notice served on the person for, an offence under the Vehicles Act section 4(2) and both those offences had been committed simultaneously. (3C) Upon conviction of a person of an offence under subsection (3A), if the court is satisfied that the owner of the vehicle in question was, at the time of the commission of the offence, not the holder of the requisite vehicle licence for the vehicle as required by the Vehicles Act, the court shall order the person convicted, in addition to the penalty imposed on him, to pay the amount of the annual licence fee that should have been paid in respect of that vehicle in accordance with that Act and that order may be enforced as if the amount of the fee was a penalty imposed on him. (4) Any person convicted of an offence under this section shall (unless the court thinks fit to order otherwise) be disqualified from holding and obtaining under the Road Traffic (Authorisation to Drive) Act 2008 a driver's licence or under the Vehicles Act a licence in respect of a motor vehicle for a period of 12 months from the date of the conviction. (5) Proceedings for an offence under this section shall be commenced — (a) within a period of 6 months from the date of the commission of the alleged offence; or (b) within a period of 3 months from the date on which it came to the knowledge of the prosecutor that the alleged offence had been committed, whichever period is the longer. (5A) Despite subsection (5), no proceedings for an offence under this section shall be commenced after the expiration of one year from the date of the commission of the alleged offence. (6) In any prosecution for an offence under this section the allegation in the charge that at any time mentioned in the charge there was not in force in respect of any particular motor vehicle a policy of insurance complying with this Act shall be prima facie evidence of the fact so alleged. (7A) Any owner of a motor vehicle shall, on being requested so to do by a police officer, produce evidence that there is in force in respect of every motor vehicle owned by him a policy of insurance complying with this Act. (7B) The owner shall be deemed to have complied with subsection (7A) if he produces the necessary evidence at a Police Station (to be nominated by the owner to the police officer at the time when the request is made) within 5 days from the time when its production was requested. (7C) Any person who without just excuse fails to comply with this subsection shall be guilty of an offence. Penalty: $200. (8) Despite anything to the contrary in the Vehicles Act, no licence is to be granted or renewed under that Act in respect of a motor vehicle unless, before or at the time of the grant or renewal, there is paid to and received by the Director General the appropriate insurance premium determined by the Commission for the class of vehicle concerned and for the period for which the licence is granted or renewed. (8A) The grant or renewal of a licence under the Vehicles Act in respect of a motor vehicle is to be taken to constitute the issue of a policy of insurance complying with this Act — (a) in respect of the motor vehicle; and (b) in respect of the period for which the licence is granted or renewed. (8B) A licence document under the Vehicles Act in respect of a motor vehicle must incorporate a statement in a form approved by the Commission explaining — (a) the effect of a policy of insurance complying with this Act, including the effect that the policy has because of the operation of section 6A; and (b) the obligations of persons as to the reporting of motor vehicle accidents causing bodily injury or death; and (c) related matters. (9) The Director General on behalf of the Commission shall when required issue in such form as shall be determined by the Commission a policy of insurance under this Act in respect of any vehicle propelled by gas, oil, electricity or any other motive power not being animal power that the Director General is satisfied does not require to be licensed under the Vehicles Act, but only if that vehicle complies with the requirements necessary for licensing under that Act. (10) The owner and driver of a vehicle referred to in subsection (9) shall have the same rights and be subject to the same duties and obligations and the Commission shall have against such owner and driver the same rights and remedies as if such motor vehicles were included in the interpretation motor vehicle in section 3 of this Act. [Section 4 amended: No. 40 of 1944 s. 3; No. 31 of 1948 s. 6; No. 77 of 1957 s. 4; No. 18 of 1959 s. 4; No. 57 of 1962 s. 4; No. 72 of 1962 s. 5; No. 95 of 1966 s. 21; No. 44 of 1971 s. 3; No. 58 of 1974 s. 30; No. 106 of 1981 s. 11; No. 81 of 1982 s. 15; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 14; No. 8 of 1988 s. 7; No. 13 of 1994 s. 7; No. 76 of 1996 s. 40; No. 84 of 2004 s. 80; No. 19 of 2010 s. 51; No. 8 of 2012 s. 138 and 141; No. 8 of 2016 s. 48.] [5. Deleted: No. 31 of 1948 s. 7.] 6. Requirements in respect of policies (1) In order to comply with this Act a policy of insurance must — (a) be issued by the Commission; (b) except as provided in this section insure the owner of the vehicle mentioned in the policy and any other person who at any time drives that vehicle, whether with or without the consent of the owner, in respect of all liability for negligence which may be incurred by that owner or other person in respect of the death of or bodily injury to any person directly caused by, or by the driving of, the vehicle in any part of the Commonwealth; and (c) be in the form contained in the Schedule. [(2) deleted] [Section 6 amended: No. 40 of 1944 s. 4; No. 31 of 1948 s. 8; No. 72 of 1962 s. 6; No. 95 of 1966 s. 6; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 6 and 14; No. 8 of 2016 s. 49.] 6A. Insurance relating to catastrophic injury (1) In this section — motor vehicle accident has the meaning given in the MVWA(CI) Act section 4(1). (2) Subject to subsection (3), a policy of insurance complying with this Act is also taken to insure any person (the injured person) against the risk of suffering a catastrophic injury that — (a) is a motor vehicle injury to which the MVWA(CI) Act applies; and (b) results from a motor vehicle accident involving the vehicle mentioned in the policy. (3) The insurance referred to in subsection (2) extends only to the making of payments under the CISS for, or in respect of, necessary and reasonable expenses incurred by or on behalf of the injured person in relation to the injured person's assessed treatment, care and support needs. [Section 6A inserted: No. 8 of 2016 s. 50; amended: No. 21 of 2023 s. 685.] 7. Liability of the Commission (1) Any person who has obtained a judgment against an insured person in respect of negligence causing death or bodily injury, being death or bodily injury directly caused by, or by the driving of, a motor vehicle specified in a policy of insurance under this Act may recover by action from the Commission such amount of the money (including costs or a proportionate part thereof) payable pursuant to the judgment as relates to death or bodily injury and is unsatisfied. (1A) When the judgment against the insured person was obtained within the State, subsection (1)shall not apply unless before the action in which such judgment was obtained came on for hearing, the Commission knew that that action had been commenced. (1B) The right to recover under subsection (1)shall be subject to any limitations prescribed by the policy of insurance as to the amount in respect of which the insured is indemnified. (2) Where an insured person has caused death or bodily injury by negligence, being death or bodily injury directly caused by, or by the driving of, a motor vehicle specified in a policy of insurance under this Act but that insured person is dead or cannot be served with process, any person who could have obtained a judgment in respect of the death or bodily injury so caused against that insured person if he were living or if he had been served with process may recover by action against the Commission the amount of the judgment which he could have so recovered against the insured person. Provided that he shall not be entitled to so recover unless he proves that he gave to the Commission notice of the claim and a short statement of the grounds thereof as soon as practicable after he knew that the 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 Commission being prejudiced by want of such notice. (3) Where the driver of a motor vehicle has caused death or bodily injury by negligence, being death or bodily injury directly caused by, or by the driving of, a motor vehicle but the identity of the vehicle cannot be ascertained, any person who could have obtained a judgment in respect of the death or bodily injury so caused against that driver may obtain by action against the Commission the judgment which, in the circumstances, he could have recovered against the driver of the vehicle: Provided that as soon as practicable after the happening of the accident (a) he made due search and inquiry to ascertain the identity of the vehicle; and (b) he gave to the Commission notice in writing of the claim and a short statement of the grounds thereof. (4) It shall be no defence by the Commission to an action against it under this section that it is not liable under a policy of insurance by reason of the fact that — (a) the policy was obtained by any misstatement or non‑disclosure, whether fraudulent, material or otherwise; (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 giving rise to liability. (5) Where any of the matters mentioned in subsection (4) has arisen or occurred in respect of a policy of insurance, the Commission may, in addition to any other right or remedy it may have, recover from the insured person liable in respect of any such accident, and, if 2 or more persons were so liable, from those persons jointly and severally, and from the owner where the insured person liable in respect of any such accident is not the owner of the motor vehicle concerned and at the time of the accident the owner was guilty of any of the matters mentioned in subsection (4), (a) such part of any judgment so obtained against the Commission; or (b) such sums as the Commission has paid in payment, settlement or compromise of the claim or judgment against the insured person or the Commission; and (c) such costs and expenses as have been recovered from or paid by the Commission by reason of the policy in respect to which a matter mentioned in subsection (4) has arisen or occurred, and that amount may be recovered either in a separate action or by means of third party procedure in the action against the Commission by the person who obtained the judgment: Provided that if the insured person has made any written request to the Commission that it should settle or compromise up to any specified sum or should pay or should contest the claim, and if the Commission acts unreasonably in failing to comply with such request, then the Commission shall not recover more than the amount of the liability which the Commission would have paid or incurred if it had not so acted unreasonably. (6) This section shall not apply — [(a) deleted] (b) to any accident which happened before the commencement of this Act; (c) so as to make the Commission liable in respect of any claim in respect of death or bodily injury directly caused by, or by the driving of, a motor vehicle where the accident or occurrence giving rise to such claim happened before a policy of insurance under this Act in respect of such motor vehicle had been issued on behalf of the Commission. [Section 7 amended: No. 40 of 1944 s. 5; No. 7 of 1945 s. 3; No. 31 of 1948 s. 9; No. 36 of 1954 s. 3; No. 77 of 1957 s. 5; No. 72 of 1962 s. 7; No. 95 of 1966 s. 8; No. 81 of 1982 s. 16; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 7; No. 19 of 2010 s. 51.] 8. Special provisions in relation to uninsured motor vehicles (1) Where — (a) judgment against the owner or driver of an uninsured motor vehicle has been entered in respect of the death of or bodily injury to any person directly caused by, or by the driving of, that motor vehicle; (b) such death or bodily injury is one against liability in respect of which the judgment debtor, had there been in force a contract of insurance under this Act relating to such motor vehicle, would have been insured; and (c) the judgment debtor does not satisfy the judgment in full within one month after the same has been entered — the judgment creditor may claim from the Commission payment of the amount (including costs) unpaid in respect of the judgment or the amount to which the liability of the Commission might have been limited had there been in force a contract of insurance under this Act relating to such motor vehicle, whichever is the smaller amount, and where the Commission fails to pay the amount the judgment creditor may recover it in an action in a court of competent jurisdiction as a debt due to him by the Commission. (1A) Where execution of a judgment referred to in subsection (1) is stayed pending appeal, the time during which such execution is so stayed shall be excluded in calculating the said period of one month. (1B) When a judgment referred to in subsection (1) was obtained within the State, that subsection shall not apply unless, before the action on which such judgment was obtained came on for hearing, the Commission knew that such action had been commenced. [(2) deleted] (3) The Commission may recover from (a) the owner; or (b) the driver, of the motor vehicle, and if they are both liable from them jointly and severally, such sum as the Commission has paid in settlement, payment or compromise of the claim of, or any judgment obtained by, the judgment creditor against it. (4) In an action under subsection (3) — (a) it shall be a good defence in any action against the owner of such motor vehicle if he establishes to the satisfaction of the court that — (i) the fact that the motor vehicle was an uninsured motor vehicle was not due to his own fault; or (ii) at the time of the occurrence out of which such death or bodily injury arose the driver was not driving the motor vehicle with the consent or authority of the owner; (b) in any case where the owner of the motor vehicle is the judgment debtor as aforesaid, no sum shall be so recoverable against the driver of the motor vehicle unless judgment could have been obtained against the driver in respect of the death or bodily injury aforesaid; and (c) it shall be a good defence in any action against the driver of such motor vehicle if he establishes to the satisfaction of the court that at the time of the occurrence out of which such death or bodily injury arose he was driving the motor vehicle with the authority of the owner and that he had reasonable grounds for believing, and did in fact believe, that the motor vehicle was a motor vehicle in relation to which there was in force a contract or policy of insurance under this Act. (5) Where — (a) liability has been incurred by the owner or driver of any uninsured motor vehicle in respect of the death of, or bodily injury to, any person directly caused by, or by the driving of, that motor vehicle; and (b) such liability is one against which such owner or driver, had there been in force a contract of insurance under this Act relating to such motor vehicle, would have been insured; but (c) such owner or driver is dead or cannot after strict inquiry and search be found any person who could have obtained a judgment in respect of such death or bodily injury against such owner or driver, if he were living or if he could be found, as the case may be, may obtain judgment against the Commission for a sum equivalent to the amount for which he could have obtained a judgment against the owner or driver, or the amount to which the liability of the Commission might have been limited had there been in force a contract of insurance under this Act relating to such motor vehicle, whichever is the smaller amount. (6) A person shall not be entitled to recover under subsection (5) unless, as soon as practicable after he knew that such owner or driver was dead or could not be found, he gave to the Commission notice of intention to make a claim and a short statement of the grounds thereof. (7) For the purposes of subsection (5), the inquiry and search made for such owner or driver may be proved orally or by the affidavit of the person who made the inquiry and search. [Section 8 amended: No. 31 of 1948 s. 10; No. 36 of 1954 s. 4; No. 25 of 1959 s. 5; No. 72 of 1962 s. 8; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 14; No. 19 of 2010 s. 51.] [8A. Deleted: No. 28 of 2003 s. 122(3).] [9. Deleted: No. 31 of 1948 s. 11.] 10. Duties of owner or insured person (1) Upon the happening of any accident which results in the death of or causes bodily injury to any person and is directly caused by, or by the driving of, an insured or an uninsured motor vehicle, the driver and the person in charge thereof shall give written notice forthwith to the Commission and such notice (which notice shall not be subject to discovery or admissible in evidence in any proceedings except proceedings for an offence under this section) shall set forth the following information with as full particulars as the driver and the person in charge of the vehicle as aforesaid is or are able to give — (a) the fact of the accident; (b) the time and place at which it occurred; (c) the circumstances of the accident; (d) the name and address of any person killed or injured therein; (e) the names and addresses of any witnesses of the accident. (2) When neither the driver nor the person in charge of the motor vehicle is the owner of the motor vehicle concerned the owner thereof shall give a like notice immediately upon the accident coming to his knowledge. (3) An insured person and the owner and the driver of an uninsured motor vehicle, immediately upon any claim being made upon him in respect of an accident, shall give notice of the claim to the Commission and supply to the Commission such particulars of the claim as it requires. (4) If any person fails to comply with any requirement of subsection (1) or subsection (3) he shall be guilty of an offence. Penalty: $20. (5) An insured person and the owner and the driver of an uninsured motor vehicle shall not, without the consent in writing of the Commission — (a) enter upon or incur any expense in any litigation; (b) make any offer or promise of payment or settlement; (c) make any payment or settlement; or (d) make any admission of liability in respect of which the Commission is, or may become, liable under the provisions of this Act but this provision shall not prevent any person truthfully answering any questions reasonably asked of him. (6) The Commission shall be entitled to recover from any person who has failed to comply with any provision of this section, or, if 2 or more persons have so failed, from them jointly and severally, all moneys paid and costs incurred by the Commission in relation to any claim arising out of the accident in respect of which such failure has occurred. [Section 10 amended: No. 31 of 1948 s. 12; No. 36 of 1954 s. 5; No. 95 of 1966 s. 21; No. 44 of 1971 s. 4; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 9; No. 13 of 1994 s. 8.] 11. Power of the Commission to deal with claims against insured persons (1) The Commission may on behalf of an insured person and the owner and driver of an uninsured vehicle — (a) conduct negotiations in respect of a claim against any such person, owner or driver; (b) accept or instruct any solicitor to accept service of legal process issued in respect of the claim; (c) assume the conduct and control of legal proceedings in respect of the claim; and (d) at any stage in the negotiations or proceedings — (i) admit negligence on his behalf, where there is no claim against the person, owner or driver as the case may be, in relation to damage to property and the Commission has no right of recovery against the person, owner or driver, under the provisions of section 7(5), section 8(3) or section 15; (ii) pay, compromise or settle the claim. (2) The insured person and the owner and the driver of an uninsured vehicle shall sign and execute all such warrants, authorities and other documents as are necessary to give effect to this section, and, if he defaults in doing so or is absent or cannot be found, the warrants, authorities or other documents aforesaid may be signed or executed by the Commission on his behalf. (3) Where an accident directly caused by, or by the driving of, a motor vehicle results in the death of or bodily injury to any person as well as damage to property, and claims are made in respect of the death or bodily injury, and also in respect of the damage to property, and the person against whom the claims are made is insured against his liability for death or bodily injury but not against his liability for damage to property, then nothing said or done in any negotiations for settlement of either of the claims, and no judgment given in any legal proceedings in respect of either of the claims, shall be evidence in any legal proceedings in respect of the other claim, unless the negotiations or proceedings in respect of both claims are conducted or controlled by the person against whom the claims are made with the authority of the Commission or by the Commission with authority of the said person. [Section 11 amended: No. 31 of 1948 s. 13; No. 36 of 1954 s. 6; No. 25 of 1959 s. 6; No. 7 of 1975 s. 2; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 10.] 12. Emergency treatment (1) Where — (a) bodily injury (including fatal injury) to any person directly caused by, or by the driving of, a motor vehicle which is insured under this Act or is an uninsured vehicle occurs and either — (i) any legally qualified medical practitioner or registered nurse renders emergency treatment to the person; or (ii) the person so injured is immediately after such injury conveyed in any vehicle; and (b) notice in writing of a claim under this section is given by the medical practitioner, nurse or person who conveyed the injured person, to the Commission within one month after the occurrence out of which the death or bodily injury arose, the Commission shall make the following payments as are applicable to the case — (c) to the medical practitioner or nurse, his or her charges in respect of each person to whom emergency treatment is rendered, together with any travelling expenses reasonably and necessarily incurred in respect of the emergency treatment so rendered; (d) to any person who conveyed the injured person as mentioned in paragraph (a)(ii), an amount to be ascertained in accordance with the regulations. [(2) deleted] (3) The liability (if any) — (a) of the owner or driver of such motor vehicle in respect of the death or bodily injury; and (b) of the Commission to the owner or driver in respect of the contract of insurance; and (c) of the injured person or his personal representatives to the person to whom the payment is made under this section shall be reduced by the amount paid by the Commission under this section. (4) In this section emergency treatment means such medical or surgical treatment or examination by a legally qualified medical practitioner or by a registered nurse as is immediately required as the result of any such injury as mentioned in subsection (1). (5) A sum payable under this section shall be recoverable as if it were a simple contract debt due from the Commission to the persons entitled to that sum. (6) The Director General shall, if so requested by a person who alleges that he is entitled to a payment under this section, furnish that person with any information at the Director General's disposal as to the identification marks or plates or registration of any motor vehicle which that person alleges to be a motor vehicle which, or the driving of which, directly caused the death or bodily injury, and as to the identity and address of the person who owned or was using the vehicle at the time of the event out of which the death or bodily injury arose. [Section 12 amended: No. 40 of 1944 s. 6; No. 31 of 1948 s. 14; No. 95 of 1966 s. 21; No. 58 of 1974 s. 31; No. 81 of 1982 s. 17; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 14; No. 76 of 1996 s. 40; No. 15 of 2006 s. 7; No. 19 of 2010 s. 51.] [13. Deleted: No. 81 of 1982 s. 18.] 14. Recovery of payment for emergency treatment Where the Commission has made any payment for emergency treatment as mentioned in section 12 in respect of bodily injury (fatal or otherwise) directly caused by, or by the driving of, an uninsured motor vehicle, the Commission may recover from the owner or driver of such uninsured vehicle the amount so paid as a simple contract debt due from such owner or driver. Provided that it shall be a sufficient defence in such action if the defendant establishes to the satisfaction of the court that he is not in any manner responsible in law for the bodily injury which gave rise to such emergency treatment. [Section 14 inserted: No. 31 of 1948 s. 16; amended: No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 14.] 15. Right of the Commission against unauthorised drivers Where the death of or bodily injury to any person is directly caused by, or by the driving of, a motor vehicle to which a contract of insurance under this Act relates, and that motor vehicle was, at the time of the occurrence out of which such death or injury arose, driven by a person without the authority of the owner or without reasonable grounds for believing that he had the authority of the owner, then, notwithstanding anything to the contrary in this Act — (a) such driver shall not be entitled to recover from the Commission any sum on account of any moneys (including costs) paid or payable by such driver in respect of his liability in respect of such death or bodily injury; and (b) any sum paid by the Commission in discharge of such liability of such driver shall be recoverable by the Commission from such driver. [Section 15 amended: No. 31 of 1948 s. 17; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 11.] 16. Jurisdiction (1) In this section — action or proceedings means action or proceedings making a claim for damages, in respect of the death of or bodily injury to a person directly caused by, or by the driving of, a motor vehicle, against the owner or driver of the vehicle or against the Commission; court means Supreme Court, District Court, or Magistrates Court, as the case may be; pending action or proceedings means action or proceedings commenced in the Tribunal and pending or in progress therein immediately before the proclaimed date, and includes action or proceedings in respect of which the Tribunal had, at that time, power to review periodical payments, or to order that periodical payments be redeemed by a lump sum; proclaimed date means the date on which the Motor Vehicle (Third Party Insurance) Act Amendment Act 1972 comes into operation; and the Tribunal means the Third Party Claims Tribunal abolished by subsection (2). (2) On the proclaimed date the Third Party Claims Tribunal, established under this Act before that date, is abolished. (3) On and after the proclaimed date a court may, subject to the extent of its jurisdiction and to subsection (5), hear and determine any action or proceedings. (4) On the hearing and determination of any action or proceedings a court shall, without in any way limiting its usual powers in relation thereto, have the following further powers — (a) to award by way of general damages either a lump sum or periodical payments or a lump sum and periodical payments, such periodical payments to be for such period and upon such terms as the court determines; and (b) at any time either of its own motion or on the application of any party to the action or proceedings — (i) to review any periodical payment and either continue, vary, reduce, increase, suspend, or determine it, or on the review to order payment to the claimant of a further lump sum; or (ii) to order that any such periodical payments be redeemed by payment of a lump sum. (5) Any pending action or proceedings shall, notwithstanding the amount of damages claimed, be continued in the District Court in accordance with such practice and procedure of the Tribunal, or the District Court, or a mixture of both, as the District Court, generally or for the particular case, directs. (6) In relation to any pending action or proceedings, the District Court may, with such modifications as are necessary or desirable, exercise all or any of the powers referred to in subsection (4). (7) After the proclaimed date, the books and records of the Tribunal shall be kept by the Registrar of the District Court and that Registrar may certify for all purposes any such book or record, or any copy thereof or extract therefrom, as if he were the Registrar of the Tribunal. [Section 16 inserted: No. 42 of 1972 s. 6; amended: No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 14; No. 59 of 2004 s. 141.] 17. Insurance by visiting motorists Subject to section 3(4), no temporary licence in respect of any motor vehicle of a person visiting the State shall be granted unless, in the opinion of the authority to which application for such temporary licence is made, that person is adequately insured against any liability which may be incurred by him in respect of the death of or bodily injury to any person directly caused by, or by the driving of, that motor vehicle in the State. [Section 17 amended: No. 31 of 1948 s. 19; No. 107 of 1987 s. 14; No. 14 of 1996 s. 4.] 18. Power to suspend or cancel licences (1) Any police officer or constable or the Commission may apply to the Magistrates Court for an order that any person be disqualified for such period as the court fixes from holding and obtaining a driver's licence under the Road Traffic (Authorisation to Drive) Act 2008. (2) If it is proved to the satisfaction of the court that the defendant is likely, in the event of his continuing to drive motor vehicles, to endanger unduly the safety of the public the court may make such order under subsection (1) as it thinks fit. (3) This section is supplementary to section 105 of the Sentencing Act 1995. [Section 18 amended: No. 31 of 1948 s. 20; No. 58 of 1974 s. 32; No. 51 of 1986 s. 46(2); No 78 of 1995 s. 74; No. 84 of 2004 s. 80; No. 8 of 2012 s. 139.] 19. Commission not to terminate policy The Commission shall not terminate a policy of insurance under this Act before its expiry by effluxion of time, except in cases where the motor vehicle concerned is no longer required to be insured under this Act. [Section 19 inserted: No. 31 of 1948 s. 21; amended: No. 51 of 1986 s. 46(2).] 20. Policy