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ROAD TRANSPORT (GENERAL) ACT 1999 (NO. 77 OF 1999) - SECT 158

Definitions for Pt 10 (MTA s 49, 52 (4), 79, MAA s 3 (1), MACA s 3)

    In this Part—

"accident"—see motor accident".
"authorised insurer means—

        (a)     a corporation that is approved as an authorised insurer under this Part; or

        (b)     in relation to the death of, or bodily injury to, a person caused by, or arising out of the use of, an uninsured or unidentified motor vehicle on a road or road related area—the nominal defendant.

certificate of insurance means a certificate of insurance mentioned in subsection 164 (1) or (2) (Issue of certificates of third-party insurance).
"claim" means a claim for damages in relation to the death of, or bodily injury to, a person caused by, or arising out of the use of, a motor vehicle.
"Commonwealth authority" means a body, whether or not incorporated, established under a Commonwealth Act.
hospital treatment means treatment at a hospital, and includes—

        (a)     maintenance of a person as a patient at the hospital; and

        (b)     the provision by the hospital of nursing attendance, medicines, medical and surgical supplies or curative apparatus; and

        (c)     any other ancillary service.

insured motor vehicle means a motor vehicle (including a trailer) for which a third-party policy is in force.
"insured person", for a third-party policy, means a person insured under the policy.
"issue", of a third-party policy or public vehicle policy, includes the issue of a renewal of the policy.
medical and surgical treatment includes—

        (a)     an examination, test or analysis, conducted by or under the direction, or at the request, of a doctor; and

        (b)     dental treatment by a dentist or dental prosthetist; and

        (c)     chiropractic treatment by a chiropractor; and

        (d)     treatment by a psychologist; and

        (e)     therapeutic treatment by a masseur, osteopath, physiotherapist, remedial kinesiologist or speech therapist; and

        (f)     therapeutic treatment (including treatment by a psychologist) given on referral by a doctor or dentist; and

        (g)     the provision, repair or replacement of contact lenses, crutches, prostheses, spectacles or other artificial aids; and

        (h)     the provision otherwise than by a hospital of nursing attendance, medicines, medical and surgical supplies or curative apparatus; and

              (i)     any consultation, examination, therapeutic treatment or other service reasonably rendered in connection with any treatment mentioned in paragraph (b), (c), (e) or (f); and

        (j)     ambulance transport to a hospital.

motor accident "(or " accident ) means an accident or other incident in which the death of, or bodily injury to, a person is caused by, or arises out of the use of, a motor vehicle.
"nominal defendant" means the person who is the nominal defendant under this Part.
"owner", of a motor vehicle, means a person who is the owner of the vehicle under section 159 (Meaning of owner for Pt 10) or
160 (Application of Part to motor vehicles with trader's plate).
"public vehicle policy" means a policy of insurance mentioned in
section 218 (Public vehicle policies).
"registration", of a motor vehicle, means—

        (a)     registration of the vehicle under the Road Transport (Vehicle Registration) Act 1999 ; or

        (b)     the issue of an unregistered vehicle permit for the vehicle under the Road Transport (Vehicle Registration) Act 1999 ; or

        (c)     registration of the vehicle in the ACT under the Interstate Road Transport Act 1985 " (Cwlth).

"third-party policy means—

        (a)     a policy of insurance mentioned in section 163 (Third-party policies); or

        (b)     for a motor vehicle with trader's plate attached—see section 160 (Application of Part to motor vehicles with trader's plate).

"unidentified motor vehicle" means a motor vehicle mentioned in subsection 180 (1) (Action against nominal defendant if vehicle not identified).
"uninsured motor vehicle" means a motor vehicle (including a trailer) that is not an insured motor vehicle, other than a motor vehicle that is exempt from section 162 (Third-party insurance compulsory).


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