Motor Accident Injuries Act 2019

This section applies if—

a personal injury is caused by a motor accident; and

at the time of the motor accident, the motor vehicle involved in the motor accident—

had a sufficient connection with the ACT; and

was an uninsured motor vehicle; and

the motor accident happened anywhere in Australia.

Note The circumstances in which a motor vehicle has a sufficient connection with the ACT may be prescribed by regulation (see s (4)).

The nominal defendant is liable in relation to the personal injury as if—

an MAI policy were in force for the motor vehicle; and

the nominal defendant were the MAI insurer for the MAI policy.

However, the nominal defendant is not liable in relation to the personal injury if—

at the time the motor accident happened—

the land on which the motor accident happened was an area that was not a road but was open to or used by the public for driving, riding or parking vehicles; and

the person injured was a trespasser on the land; or

Note The area described in subpar (i) is a road related area (see dict, def road related area, par (a) (iv)).

the uninsured motor vehicle is owned by—

the Territory or a territory authority; or

the Commonwealth or a Commonwealth authority; or

Note See s 288 for motor vehicles owned by the Territory, a territory authority, the Commonwealth or a Commonwealth authority.

at the time the motor accident happened—

the uninsured motor vehicle was registered under—

the law of a State other than the ACT; or

a law of the Commonwealth; and

the uninsured motor vehicle was—

covered under a policy of motor accident injury insurance; or

subject to coverage under a compulsory motor vehicle or trailer accident compensation scheme of that State or of the Commonwealth; or

a regulation prescribes that, in the circumstances, the nominal defendant is not liable in relation to the personal injury.

Note The nominal defendant is also not liable for the risks mentioned in s 293.

A regulation may prescribe the circumstances in which a motor vehicle has a sufficient connection with the ACT.

In this section:

motor vehicle means a motor vehicle that—

is exempt from registration; or

if not exempt from registration—must be registered to allow its lawful use or operation on a road or road related area in the ACT and—

was at the time of manufacture capable of registration; or

was at the time of manufacture, with minor adjustments, capable of registration; or

was previously capable of registration but is no longer capable of registration because the motor vehicle is in disrepair.