Section 104(1) of the Transport Accident Act 1986 (Vic) applies to transport accidents occurring outside Victoria, enabling the TAC to recover indemnity from interstate tortfeasors. The claim is a statutory quasi-contractual cause of action governed by Victorian law, not a tort claim subject to the lex loci delicti. The exclusion of owners of Victorian-registered vehicles from s 104 liability (by virtue of s 94 indemnity) does not constitute discrimination against interstate residents contrary to s 117 of the Constitution, because it flows naturally from the State's compulsory insurance scheme.
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