Section 104 of the Transport Accident Act 1986 as amended in 1994 does not entitle the TAC to indemnity for death benefits paid under ss.57 and 58, because 'injury' in s.104(1) and (2) does not include 'death'. The 1998 amendments adding 'death' to s.104 do not apply to deaths occurring before 19 May 1998, as this would retrospectively enlarge the tortfeasor's existing liability without clear parliamentary intention. The Corangamite decision on retrospectivity of the 1994 amendments is distinguishable because it concerned 'injury' (already in s.104) rather than 'death' (new to s.104 in 1998).
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