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s 7

Application of Act

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Chapter 1Preliminary
Part 1.1Preliminary

7 Application of Act

(1)

This Act applies to the death or injury of a person that results from a motor accident if the motor accident—

(a)

happened in the ACT on or after the day this Act commenced; and

(b)

at least 1 motor vehicle involved in the motor accident had MAI cover under this Act at the time of the motor accident.

(2)

For subsection (1) (b), a motor vehicle involved in a motor accident is taken to have had MAI cover under this Act at the time of the motor accident if—

(a)

an MAI policy was in force for the motor vehicle at that time; or

(b)

at that time, the motor vehicle was owned by—

(i)

the Territory or a territory authority; or

(ii)

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.

(c)

a compulsory third-party insurance policy was in force for the motor vehicle under the law of a jurisdiction other than the ACT at that time; or

(d)

there is a right of action against the nominal defendant under this Act in relation to the motor accident; or

(e)

there would be a right of action against the nominal defendant under this Act in relation to the motor accident if the cause of the motor accident was the fault of the responsible person for, or the driver of, the motor vehicle in the use or operation of the motor vehicle.

Part 1.2 Important concepts

Division 1.2.1 Injury concepts

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Section 7 — Application of Act — Motor Accident Injuries Act 2019 (Australian Capital Territory) — Barrister AI