1Short title
This Act may be cited as the Motor Accidents (Compensation)
Commission Act 2014.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Motor Accidents (Compensation)
Commission Act 2014.
This Act commences on the commencement of section 46 of the Territory
Insurance Office (Sale) Act 2014.
In this Act:
Associate Commissioner means an Associate Motor
Accidents (Compensation) Commissioner appointed under section
6(1)(b).
Commission means the Motor Accidents (Compensation)
Commission continued by section 5(1).
Commissioner means the Motor Accidents (Compensation)
Commissioner appointed under section 6(1)(a).
Determination means a determination made under section 25.
Fund means the Motor Accidents (Compensation) Fund continued by section 16.
MAC business means the part of the Commission's business that relates to administering the MAC scheme and managing the Fund.
MAC scheme means the scheme of compensation established by the Motor Accidents (Compensation) Act 1979.
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 4
Part IIAA of the Criminal
Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
(1) The Territory Insurance Office (established by section 4 of the Territory Insurance Office Act 1979) continues as the same corporate entity under the name of the Motor Accidents (Compensation) Commission.
The Commission:
is a body corporate with perpetual succession; and
may own and deal with property; and
may sue and be sued.
The Commission is constituted:
by the Commissioner and any Associate Commissioners; or
(b) if there is no Commissioner or Associate Commissioner (and no persons have been appointed to act in those positions) – by the Chief Executive Officer.
The Minister may, by Gazette notice, appoint:
(a) a person to be the Motor Accidents (Compensation) Commissioner; and
(b) a person to be an Associate Motor Accidents (Compensation) Commissioner.
(2) The Commissioner and any Associate Commissioners hold office on the conditions (including remuneration, expenses and allowances) determined by the Minister.
The Commission has the following functions:
(a) to administer the MAC scheme in accordance with the Motor Accidents (Compensation) Act 1979;
to manage the Fund;
to promote road safety;
to perform any other function conferred on it under an Act.
For the performance of its functions, the Commission has all the powers of an individual.
(1) The Commission may delegate any of its powers and functions under this or any other Act to:
the Commissioner or an Associate Commissioner; or
(b) a Chief Executive Officer (as defined in section 3(1) of the Public Sector Employment and Management Act 1993) or a public sector employee; or
a statutory corporation; or
(d) with the approval of the Minister, any other person (a non‑government delegate).
(2) A delegation under subsection (1)(d) must be made by written contract between the Commission and the delegate (a delegation contract).
(3) The Commission must not enter into a delegation contract unless the terms of the contract have been approved by the Minister.
(4) A non‑government delegate may do one or more of the following if doing so is permitted by the delegation contract:
(a) sub-delegate a power or function delegated to the non‑government delegate by the delegation contract, other than this power of sub-delegation;
(b) enter into contracts or other arrangements as the Commission's agent.
(5) A contract made under section 9 of the Territory Insurance Office (Sale) Act 2014 is taken to be a contract under subsection (2) making a delegation under subsection (1)(d).
In exercising its powers and performing its functions, the
Commission is subject to the direction of the Minister.
The Commission must include in its annual report for a financial year details of each direction given during the year.
The Commission may use and operate under one or more business or trading names approved by the Minister.
The Commission must have a common seal.
(2) The seal must not be used except with the authority of the Commission.
(3) A document purporting to bear the common seal of the Commission is taken to have been duly executed by the Commission, in the absence of evidence to the contrary.
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