Australian Capital Territory Numbered Acts

LIFETIME CARE AND SUPPORT (CATASTROPHIC INJURIES) ACT 2014 (NO. 11 OF 2014) - SECT 6

    (1)     This Act applies only in relation to a motor accident injury suffered by a person—

        (a)     as a result of a motor accident that happens in the ACT on or after 1 July 2014; and

        (b)     whether or not the person was at fault in the motor accident; and

        (c)     if at least 1 motor vehicle involved in the motor accident had CTP cover under the CTP Act at the time of the motor accident.

    (2)     A regulation may make provision for or in relation to limiting the application of this Act to a stated class of people.

Note 1     A reference to an Act includes a reference to a provision of an Act (see Legislation Act

, s 7 (3)).

Note 2     Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act

, s 48).

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

        (a)     a CTP policy was in force for the motor vehicle at that time; or

        (b)     the motor vehicle was owned by the Commonwealth, or an entity representing the Commonwealth at that time; or

        (c)     there is a right of action against the nominal defendant under the CTP Act in relation to the motor accident; or

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