Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies to—
(a) an amount payable in satisfaction of a claim made or judgment obtained against the nominal defendant; or
(b) an amount of costs or expenses of the nominal defendant in relation to such a claim or judgment; or
(c) an amount of other costs or expenses of the nominal defendant in exercising his or her functions.
(2) An amount mentioned in paragraph (1) (a) or (b) is to be provided by the Territory, the Commonwealth and the corporations that were authorised insurers when the motor accident that gave rise to the claim happened, in the proportions decided by the road transport authority.
(3) An amount mentioned in paragraph (1) (c) is to be provided by the Territory, the Commonwealth and the corporations that are authorised insurers, in the proportions decided by the road transport authority.
(4) In making a decision under subsection (2) or (3), the road transport authority must, as far as practicable, have regard to—
(a) for authorised insurers—the premium income received by each authorised insurer in relation to third-party policies during a period adopted by the authority for the purpose; and
(b) for the Territory and the Commonwealth—the premiums that would have been payable for motor vehicles owned by the Territory, the Commonwealth and Territory and Commonwealth authorities, and ordinarily used in the ACT, during that period if the vehicles had been insured under third-party policies.
(5) The road transport authority must give written notice of a decision under this section to the Territory, the Commonwealth and each authorised insurer concerned.
(6) The notice must state—
(a) the amount payable by the Territory, Commonwealth or authorised insurer; and
(b) the time within which the amount must be paid to the nominal defendant.
(7) The road transport authority may amend or revoke a notice given under this section.
(8) An authorised insurer commits an offence if the insurer fails to pay an amount payable by the insurer to the nominal defendant within the time in which it is payable under a notice under subsection (5).
Maximum penalty: 20 penalty units.
(9) If the Magistrates Court convicts an authorised insurer, or finds an authorised insurer guilty, of an offence against subsection (8), the court may order the insurer to pay any unpaid amount to the nominal defendant.
(10) The order under subsection (9) is in addition to any penalty imposed for the offence.
(11) For the enforcement of payment of the order and the calculation of interest in relation to a judgment, the order is taken to be a final judgment of the Magistrates Court for the amount stated in the order.