{"id":"compulsory-third-party-insurance-regulation-act-2016","name":"Compulsory Third Party Insurance Regulation Act 2016","slug":"compulsory-third-party-insurance-regulation-act-2016","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31806,"registerId":"sa-compulsory-third-party-insurance-regulation-act-2016-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Compulsory Third Party Insurance Regulation Act 2016","content":"South Australia\nCompulsory Third Party Insurance Regulation Act 2016\nAn Act to establish the CTP Regulator; to define its functions in relation to the compulsory third party insurance scheme for motor vehicles in the State; to make related amendments to the Motor Accident Commission Act 1992 and the Motor Vehicles Act 1959; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—CTP Regulator\nDivision 1—Establishment, functions and powers\n4\tEstablishment\n5\tFunctions\n6\tPowers\n7\tIndependence\nDivision 2—Constitution of CTP Regulator\n8\tConstitution of CTP Regulator\n9\tActing CEO\nDivision 3—CEO\n10\tConditions of appointment\n11\tFunctions of CEO\n12\tSaving provision\n13\tDelegation\n14\tConflict of interest\nDivision 4—Staff and resources\n15\tStaff and resources\nPart 3—Collection and use of information\n16\tRegulator's power to require information\n17\tObligation to preserve confidentiality\n18\tStatutory declarations\nPart 4—Miscellaneous\n19\tAnnual report\n20\tFalse or misleading information\n21\tService\n22\tRegulations\nSchedule 1—Related amendments and transitional provisions\nPart 1—Preliminary\n1\tInterpretation\nPart 2—Amendment of Motor Accident Commission Act 1992\n2\tAmendment of section 3—Interpretation\n3\tAmendment of section 13A—Sufficient level of solvency\n4\tAmendment of section 14—Functions and objectives of Commission\n5\tAmendment of section 18—Commission's charter\n6\tAmendment of section 25—MAC Fund\n7\tAmendment of section 26—Requirement by Treasurer for payment from surplus\n8\tAmendment of section 29—Annual report\n9\tAmendment of section 29B—Prosecution of offences under Part 4 of Motor Vehicles Act 1959\nPart 3—Amendment of Motor Vehicles Act 1959\n10\tAmendment of section 5—Interpretation\n11\tAmendment of section 99—Interpretation\n12\tAmendment of section 99A—Insurance premium to be paid on applications for registration\n13\tAmendment of section 101—Approved insurers\n14\tSubstitution of section 104\n104\tRequirements if policy is to comply with this Part\n15\tAmendment of section 116—Claim against nominal defendant where vehicle uninsured\n16\tAmendment of section 124AA—Limitation of liability in respect of foreign awards\n17\tRepeal of section 129\n18\tRepeal of section 134A\n19\tRepeal of Schedule 4\n20\tTransitional provision—Saving of existing policies of insurance under Part 4\nPart 4—Transitional provisions\n21\tInterpretation\n22\tMinisterial control\n23\tTransfer of CTP insurance policies\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Compulsory Third Party Insurance Regulation Act 2016.\n2—Commencement\nThis Act will come into operation on a day to be fixed by proclamation.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\napproved insurer means a person or body of persons approved as an insurer under Part 4 of the Motor Vehicles Act;\nCEO means the Chief Executive Officer appointed to the CTP Regulator under Part 2 Division 2, and includes an Acting Chief Executive Officer appointed under that Part;\nCTP insurance means compulsory third party insurance required under Part 4 of the Motor Vehicles Act;\nCTP insurance business means business relating to compulsory third party insurance required under Part 4 of the Motor Vehicles Act;\nCTP insurance policy means a policy of insurance that complies with Part 4 of the Motor Vehicles Act;\nCTP Regulator or Regulator means the CTP Regulator established under Part 2 Division 1;\ndesignated Act means—\n\t(a)\tthe Motor Accident Commission Act 1992; or\n\t(b)\tthe Motor Vehicles Act; or\n\t(c)\tany other Act prescribed by the regulations for the purposes of this definition;\nexercise, for a function, includes perform;\ninsurance business includes—\n\t(a)\tassurance, additional insurance, coinsurance, or reinsurance; and\n\t(b)\tthe granting, issuing or entering into of guarantees, sureties or contracts of indemnity; and\n\t(c)\tany other activity or transaction—\n\t(i)\tof a kind generally regarded by the insurance industry as constituting or forming part of insurance or insurance business; or\n\t(ii)\tof a kind prescribed by regulation;\nMotor Vehicles Act means the Motor Vehicles Act 1959.\n\t(2)\tOther words and expressions used in this Act have the meaning assigned to them in section 5, or Part 4, of the Motor Vehicles Act, unless the context otherwise requires.\nPart 2—CTP Regulator\nDivision 1—Establishment, functions and powers\n4—Establishment\n\t(1)\tThe CTP Regulator is established.\n\t(2)\tThe Regulator—\n\t(a)\tis a body corporate with perpetual succession; and\n\t(b)\thas a common seal; and\n\t(c)\tmay sue and be sued in its corporate name.\n\t(3)\tThe Regulator is an instrumentality of the Crown and holds its property on behalf of the Crown.\n\t(4)\tIf a document appears to bear the common seal of the Regulator, it will be presumed, in the absence of proof to the contrary, that the common seal of the Regulator was duly affixed to the document.\n5—Functions\n\t(1)\tThe CTP Regulator has the following functions:\n\t(a)\tto regulate approved insurers and perform any other function relating to approved insurers conferred on the Regulator under the Motor Vehicles Act;\n\t(b)\tto determine premium amounts payable in respect of CTP insurance policies;\n\t(c)\tto determine the minimum terms and conditions of CTP insurance policies;\n\t(d)\tto monitor, audit and review the operation and efficiency of the CTP insurance business;\n\t(e)\tto provide, or facilitate the provision of, information to consumers about the CTP insurance business and approved insurers;\n\t(f)\tto make, monitor the operation of, and review, from time to time, rules with which approved insurers must comply, and guidelines for approved insurers, relating to—\n\t(i)\tthe determination of premiums; and\n\t(ii)\tthe management of claims; and\n\t(iii)\tdispute resolution; and\n\t(iv)\tthe provision of information to consumers; and\n\t(v)\tany other relevant matter;\n\t(g)\tto make recommendations to the Minister in relation to—\n\t(i)\teligibility criteria for insurers seeking approval under Part 4 of the Motor Vehicles Act; and\n\t(ii)\tthe terms and conditions of any undertaking, agreement or contract entered into between the Minister and an approved insurer relating to the provision of CTP insurance; and\n\t(iii)\tthe assessment of an application from an insurer for approval or withdrawal of approval under Part 4 of the Motor Vehicles Act;\n\t(h)\tto approve the novation of CTP insurance policies between approved insurers;\n\t(i)\tto regulate such other insurance business as may be prescribed by the regulations;\n\t(j)\tto administer this Act;\n\t(k)\tto exercise any other function conferred on the Regulator by or under this or any other Act.\n\t(2)\tThe Regulator must publish on its website the rules and guidelines as made by the Regulator from time to time.\n\t(3)\tIn determining premium amounts, the Regulator—\n\t(a)\tmay not fix differential premiums except on the basis of 1 or more of the following:\n\t(i)\tvehicle type;\n\t(ii)\tvehicle use;\n\t(iii)\tgaraging location;\n\t(iv)\tentitlement under the GST law to an input tax credit in respect of compulsory third party insurance premiums; and\n\t(b)\tmust be satisfied that the premiums are fair and reasonable to the registered owners of the motor vehicles.\n\t(4)\tThe administrative costs and expenses reasonably incurred by the Regulator in carrying out its functions are recoverable in fair proportions from all approved insurers, subject to and in accordance with the directions of the Minister and the Treasurer.\n\t(5)\tIn this section—\nMinister means the Minister with responsibility for approving insurers under Part 4 of the Motor Vehicles Act.\n6—Powers\nThe CTP Regulator has all the powers of a natural person and, in particular, may—\n\t(a)\tenter into any form of contract or arrangement; and\n\t(b)\tengage experts and consultants; and\n\t(c)\tacquire, hold, deal with or dispose of real or personal property; and\n\t(d)\testablish and operate ADI accounts and invest money; and\n\t(e)\tdo anything necessary or convenient to be done in the exercise of its functions.\n7—Independence\nExcept as provided under this or any other Act, the CTP Regulator is not subject to Ministerial direction in the exercise of its functions or powers.\nDivision 2—Constitution of CTP Regulator\n8—Constitution of CTP Regulator\n\t(1)\tThe CTP Regulator will be constituted of the Chief Executive Officer (CEO) of the Regulator.\n\t(2)\tThe CEO will be appointed by the Governor, on the recommendation of the Minister, on terms and conditions determined by the Governor.\n\t(3)\tThe CEO is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.\n9—Acting CEO\n\t(1)\tIf the CEO is temporarily absent or unable to perform official functions, the Minister may appoint an Acting Chief Executive Officer (Acting CEO) to act in the office of the CEO and a person so appointed has, while so acting, all the functions and powers of the CEO.\n\t(2)\tThe terms and conditions of appointment of an Acting CEO will be as determined by the Minister.\n\t(3)\tThe Acting CEO is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.\nDivision 3—CEO\n10—Conditions of appointment\n\t(1)\tThe CEO will be appointed for a term, not exceeding 5 years, specified in the instrument of appointment and, at the expiration of a term of appointment, will be eligible for reappointment.\n\t(2)\tThe Governor may remove the CEO from office—\n\t(a)\tfor misconduct; or\n\t(b)\tfor failure or incapacity to carry out the duties of his or her office satisfactorily; or\n\t(c)\tif serious irregularities have occurred in the conduct of the Regulator's affairs.\n\t(3)\tThe office of the CEO becomes vacant if the CEO—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis convicted of an indictable offence; or\n\t(e)\tis removed from office under subsection (2).\n11—Functions of CEO\n\t(1)\tThe functions of the CEO include—\n\t(a)\tbeing the chief executive officer of the CTP Regulator; and\n\t(b)\texercising the functions of the Regulator conferred on the Regulator or the CEO under this or any other Act; and\n\t(c)\totherwise acting on behalf of the Regulator in appropriate cases.\n\t(2)\tAn act of the CEO will be taken to be an act of the Regulator.\n\t(3)\tExcept as provided under this or any other Act, the CEO is not subject to direction in the exercise of his or her functions or powers.\n12—Saving provision\nAn act of the CTP Regulator is not invalid by reason only of a defect in the appointment of the CEO (or Acting CEO).\n13—Delegation\n\t(1)\tThe CEO may, by instrument in writing, delegate any of the CTP Regulator's or CEO's functions or powers under this or any other Act.\n\t(2)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation—\n\t(a)\tmay be made subject to conditions and limitations specified in the instrument of delegation; and\n\t(b)\tis revocable at will and does not derogate from the power of the delegator to act in any matter.\n14—Conflict of interest\n\t(1)\tThe CEO, an Acting CEO or a delegate must inform the Minister in writing of—\n\t(a)\tany direct or indirect interest that the person has or acquires in any business, or in any body corporate carrying on business, in Australia or elsewhere; or\n\t(b)\tany other direct or indirect interest that the person has or acquires that conflicts or may conflict with the person's functions.\n\t(2)\tThe CEO, Acting CEO or delegate must take steps to resolve a conflict or possible conflict between a direct or indirect interest and the person's functions in relation to a particular matter, and, unless the conflict is resolved to the Minister's satisfaction, the person is disqualified from acting in relation to the matter.\n\t(3)\tA failure to comply with this section does not affect the validity of an act or decision of the CEO, Acting CEO or delegate.\n\t(4)\tSection 8 of the Public Sector (Honesty and Accountability) Act 1995 does not apply to the CEO or an Acting CEO.\nDivision 4—Staff and resources\n15—Staff and resources\n\t(1)\tThe CTP Regulator may engage persons to be members of its staff on terms and conditions determined by the Regulator.\n\t(2)\tThe Regulator may—\n\t(a)\tby arrangement with the appropriate authority, make use of the services, facilities or staff of a government department, agency or instrumentality; or\n\t(b)\twith the approval of the Minister, make use of the services, facilities or staff of any other entity.\n\t(3)\tThe CEO is responsible for managing the staff and resources of the Regulator.\nPart 3—Collection and use of information\n16—Regulator's power to require information\n\t(1)\tThe CTP Regulator may, by written notice, require a person to give to the Regulator, within a time and in a manner stated in the notice (which must be reasonable), information in the person's possession that the Regulator reasonably requires for the performance of the Regulator's functions, including (for example) such evidence of the person's financial position and capacity to meet existing and future liabilities under CTP insurance policies as may be required in the notice.\n\t(2)\tA person must comply with a requirement under this section.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(3)\tA person cannot be compelled to give information under this section if the information might tend to incriminate the person of an offence.\n17—Obligation to preserve confidentiality\n\t(1)\tInformation gained under this Part that—\n\t(a)\tcould affect the competitive position of an insurer or other person; or\n\t(b)\tis commercially sensitive for some other reason,\nis, for the purposes of this Act, confidential information and a person performing a function under this Act or a designated Act is guilty of an offence if the person discloses such information otherwise than as authorised under this section.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(2)\tConfidential information may be disclosed if—\n\t(a)\tthe disclosure is made to another who is also performing a function under this Act or a designated Act; or\n\t(b)\tthe disclosure is made with the consent of the person who gave the information or to whom the information relates; or\n\t(c)\tthe disclosure is authorised or required under any other Act or law; or\n\t(d)\tthe disclosure is authorised or required by a court or tribunal constituted by law; or\n\t(e)\tthe disclosure is authorised by regulation.\n\t(3)\tThe CTP Regulator may disclose confidential information if the Regulator is of the opinion that the public benefit in making the disclosure outweighs any detriment that might be suffered by a person in consequence of the disclosure.\n\t(4)\tIf a person, when giving information to the Regulator in response to a requirement of the Regulator under this Part, claims that the information is confidential information, the Regulator must, before disclosing the information otherwise than as referred to in subsection (2), give the person written notice of the proposed disclosure and the reasons for the disclosure.\n\t(5)\tA person performing a function under this Act or a designated Act must not use confidential information for the purpose of securing a private benefit for himself or herself or for some other person.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(6)\tInformation classified by the Regulator as being confidential under subsection (1) is not liable to disclosure under the Freedom of Information Act 1991.\n18—Statutory declarations\nThe CTP Regulator may require a person who is required by or under this Act to give information to the Regulator to verify the information to be given by statutory declaration and, in that event, the person will not be taken to have given the information as required unless it has been verified in accordance with the requirements of the Regulator.\nPart 4—Miscellaneous\n19—Annual report\n\t(1)\tThe CTP Regulator must, on or before 30 September in each year, deliver to the Minister a report on the operations of the Regulator during the preceding financial year.\n\t(2)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receipt of the report.\n20—False or misleading information\nA person must not—\n\t(a)\tprovide to the CTP Regulator or any other person who is performing or exercising a function or power under this Act information that the person knows is false or misleading in a material particular; or\n\t(b)\trefuse or fail to include in information provided to a person who is performing or exercising a function or power under this Act other information without which the information provided is, to the knowledge of the person, false or misleading in a material particular.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n21—Service\n\t(1)\tA notice or other document required or authorised to be given to or served on a person under this Act may be given or served—\n\t(a)\tby delivering it personally to the person or an agent of the person; or\n\t(b)\tby leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tby posting it to the person or agent of the person at the person's or agent's last known place of residence or business.\n\t(2)\tWithout limiting the effect of subsection (1), a notice or other document required or authorised to be given to or served on a person may be given to or served on the person in accordance with the Corporations Act 2001 of the Commonwealth (if applicable to the person).\n22—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\trequire the keeping of records, statistics or other information; and\n\t(b)\trequire the provision of reports, statements, documents or other forms of information to the CTP Regulator; and\n\t(c)\trequire the giving of notice to the Regulator at specified intervals, or on the occurrence of any specified event; and\n\t(d)\tspecify any procedure associated with any process under this Act or the Motor Vehicles Act; and\n\t(e)\timpose penalties, not exceeding $10 000, for a contravention of, or failure to comply with, a regulation; and\n\t(f)\tprescribe saving or transitional provisions in connection with the enactment or operation of this Act.\n\t(3)\tA regulation may—\n\t(a)\trefer to or incorporate, wholly or partially and with or without modification, a document prepared or published by a specified body, either as in force at the time the regulation is made or as in force from time to time; and\n\t(b)\tbe of general or limited application; and\n\t(c)\tmake different provision according to the persons or circumstances to which it is expressed to apply; and\n\t(d)\tprovide that a matter is to be determined according to the discretion of the Minister or the Regulator.\n\t(4)\tA provision of a regulation made under subsection (2)(f) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(5)\tTo the extent to which a provision takes effect under subsection (4) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\nSchedule 1—Related amendments and transitional provisions\nPart 1—Preliminary\n1—Interpretation\nIn this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.\nPart 2—Amendment of Motor Accident Commission Act 1992\n2—Amendment of section 3—Interpretation\n\t(1)\tSection 3, definition of Compulsory Third Party Fund—delete the definition\n\t(2)\tSection 3—after the definition of insurance business insert:\nMAC Fund means the Fund continued in existence under Part 4.\n3—Amendment of section 13A—Sufficient level of solvency\nSection 13A—delete \"Compulsory Third Party Fund\" and substitute:\nMAC Fund\n4—Amendment of section 14—Functions and objectives of Commission\n\t(1)\tSection 14(1)(a)—delete paragraph (a) and substitute:\n\t(a)\tto carry on any residual insurance business arising from its operations as the sole approved insurer under Part 4 of the Motor Vehicles Act 1959 (but only until it divests itself of that business or winds up that business, whichever occurs earlier);\n\t(2)\tSection 14(1)(b)—delete \"Compulsory Third Party Fund\" and substitute:\nMAC Fund\n\t(3)\tSection 14(3)—delete subsection (3)\n5—Amendment of section 18—Commission's charter\nSection 18(2)(a)(i)—delete \"Compulsory Third Party Fund\" and substitute:\nMAC Fund\n6—Amendment of section 25—MAC Fund\n\t(1)\tSection 25(1), (3) and (3a)—delete subsections (1), (3) and (3a) and substitute:\n\t(1)\tThe special fund for compulsory third party insurance formerly established by the Commission continues in existence as the MAC Fund.\n\t(2)\tThe Commission must seek to achieve and maintain a sufficient level of solvency in the Fund at all times while the Commission is carrying on any residual compulsory third party insurance business arising from its operations as the sole approved insurer under Part 4 of the Motor Vehicles Act 1959.\n\t(2)\tSection 25(4)(a)—delete paragraph (a) and substitute:\n\t(a)\tthe income derived by the Commission during the period the Commission was the sole approved insurer for compulsory third party insurance business; and\n\t(3)\tSection 25(5)(c)—after \"its\" insert:\nresidual\n\t(4)\tSection 25(5)(e)—delete paragraph (e)\n\t(5)\tSection 25—after subsection (8) insert:\n\t(9)\tFor the avoidance of doubt, after the commencement of this subsection, a reference in an Act, instrument, contract, agreement or other document to the Compulsory Third Party Fund will (where the context so admits) have effect as if it were a reference to the MAC Fund.\n7—Amendment of section 26—Requirement by Treasurer for payment from surplus\nSection 26—delete \"Compulsory Third Party Fund\" and substitute:\nMAC Fund\n8—Amendment of section 29—Annual report\nSection 29(2)(f)—delete \"Compulsory Third Party Fund\" and substitute:\nMAC Fund\n9—Amendment of section 29B—Prosecution of offences under Part 4 of Motor Vehicles Act 1959\nSection 29B(1)—delete subsection (1) and substitute:\n\t(1)\tThe Commission may, with the approval of the Minister responsible for the administration of Part 4 of the Motor Vehicles Act 1959, commence proceedings for an offence against Part 4 of that Act.\nPart 3—Amendment of Motor Vehicles Act 1959\n10—Amendment of section 5—Interpretation\n\t(1)\tSection 5(1)—after the definition of CPI insert:\nCTP Regulator or Regulator means the CTP Regulator established under the Compulsory Third Party Insurance Regulation Act 2016;\n\t(2)\tSection 5(1)—after the definition of high powered vehicle insert:\ninsurance premium or premium, in relation to a motor vehicle, means the premium appropriate to the motor vehicle for a policy of insurance under Part 4, as determined by the CTP Regulator from time to time, and includes any money that the Registrar is required to retain under section 99A(14);\n\t(3)\tSection 5(1), definition of premium—delete the definition\n11—Amendment of section 99—Interpretation\n\t(1)\tSection 99(1)—delete \"and in Schedule 4\"\n\t(2)\tSection 99(1), definition of the insurance premium committee—delete the definition\n\t(3)\tSection 99(1)—after the definition of terrorist act insert:\ntransitional period has the same meaning as in Schedule 1 Part 4 of the Compulsory Third Party Insurance Regulation Act 2016.\n\t(4)\tSection 99(3), (3a) and (4)—delete \"and Schedule 4\" wherever occurring\n12—Amendment of section 99A—Insurance premium to be paid on applications for registration\n\t(1)\tSection 99A(1)—delete \"of Schedule 4\" and substitute:\ndetermined by the CTP Regulator\n\t(2)\tSection 99A(2)—delete subsection (2) and substitute:\n\t(2)\tThe approved insurer for a motor vehicle in respect of which an application for registration is made will be—\n\t(a)\tin the case of an application made during the transitional period—the approved insurer selected by the CTP Regulator in accordance with a scheme determined by the Minister; or\n\t(b)\tin any other case—the approved insurer selected by the applicant for registration.\n\t(3)\tSection 99A(2a)(b)—delete paragraph (b) and substitute:\n\t(b)\twithout limiting subsection (3), the approved insurer for the motor vehicle will be taken to be—\n\t(i)\tin the case of an application for registration made during the transitional period—the approved insurer selected by the CTP Regulator in accordance with a scheme determined by the Minister; or\n\t(ii)\tin any other case—the approved insurer selected by the person to be the insurer in his or her most recent application for registration of the vehicle.\n\t(4)\tSection 99A(3)—delete \"Registrar\" and substitute:\nCTP Regulator\n\t(5)\tSection 99A(4)—delete \"Registrar\" first occurring and substitute:\nCTP Regulator\n\t(6)\tSection 99A(4)—delete \"Registrar\" second occurring and substitute:\nRegulator\n\t(7)\tSection 99A(8)—delete \"of Schedule 4\" and substitute:\ndetermined by the CTP Regulator\n\t(8)\tSection 99A(9)—delete subsection (9) and substitute:\n\t(9)\tSubject to subsection (9a), the insurer under the policy of insurance relating to a motor vehicle is—\n\t(a)\tthe approved insurer selected under the provisions of this section in respect of that motor vehicle; or\n\t(b)\tif the insurer referred to in paragraph (a), with the approval of the CTP Regulator and the consent of the registered owner of the motor vehicle, novates or assigns the policy of insurance to another approved insurer—that other approved insurer.\n\t(9a)\tIf, during the transitional period, a policy of insurance relating to a motor vehicle is transferred from 1 approved insurer to another approved insurer by the CTP Regulator in accordance with a scheme determined by the Minister, the approved insurer to whom the policy of insurance is transferred becomes the insurer under the policy of insurance relating to that motor vehicle.\n\t(9)\tSection 99A(14)—delete subsection (14) and substitute:\n\t(14)\tThe Registrar must retain out of the amounts collected by the Registrar under this section a sum of money determined by the CTP Regulator as costs associated with compulsory third party insurance.\n\t(15)\tThe costs determined by the CTP Regulator under subsection (14) must include an amount to cover the costs reasonably incurred by the Registrar in connection with the administration of the compulsory third party insurance scheme.\n13—Amendment of section 101—Approved insurers\n\t(1)\tSection 101(1), (1a), (1b) and (2)—delete subsections (1) to (2) inclusive and substitute:\n\t(1)\tSubject to this section, any person or body (whether incorporated or unincorporated) that carries on, or intends to carry on, the business of insurance in this State, may apply to the Minister for approval as an insurer under this Part.\n\t(2)\tDuring the transitional period, an application for approval as an insurer under this Part may only be made on an invitation by the Minister.\n\t(2a)\tThe Minister may, during the transitional period, invite interested persons and bodies to apply for approval in accordance with subsection (2b).\n\t(2b)\tAn application for approval as an insurer under this Part must—\n\t(a)\tbe made in a manner and form approved by the CTP Regulator; and\n\t(b)\tbe lodged with the Regulator; and\n\t(c)\tbe referred by the Regulator to the Minister, together with any recommendations of the Regulator to the Minister in relation to the application.\n\t(2c)\tThe Minister may, after considering any recommendations made by the CTP Regulator in relation to an application for approval, grant or refuse the application.\n\t(2)\tSection 101(3)(b)—delete \"1 July 1998 or\" and \"(whichever is the later)\"\n\t(3)\tSection 101(5)—delete subsection (5) and substitute:\n\t(5)\tAn approved insurer may, on or before 1 April in any year, apply to the Minister for the withdrawal of approval under this Part.\n\t(5a)\tAn application for the withdrawal of approval under this Part must—\n\t(a)\tbe made in a manner and form approved by the CTP Regulator; and\n\t(b)\tbe lodged with the Regulator; and\n\t(c)\tbe referred by the Regulator to the Minister, together with any recommendations of the Regulator to the Minister in relation to the application.\n\t(5b)\tThe Minister may, after considering any recommendations made by the CTP Regulator in relation to an application for the withdrawal of approval under this Part, grant the application with effect from 1 July following the making of the application.\n\t(4)\tSection 101(6)—delete subsection (6) and substitute:\n\t(6)\tIf—\n\t(a)\tan application for approval or withdrawal of approval under this Part is made other than in conformity with the limitations of time stipulated in this section; and\n\t(b)\tthe Minister, after considering any recommendations made by the CTP Regulator in relation to the application, is satisfied that there are special circumstances justified in doing so,\nthe Minister may grant the application with effect as from a date determined by the Minister.\n\t(5)\tSection 101(8)(c)—delete paragraph (c) and substitute:\n\t(c)\tthe Minister, after considering—\n\t(i)\tevidence furnished by an approved insurer in compliance with a requirement under subsection (7); and\n\t(ii)\tany recommendations made by the CTP Regulator in relation to the matter,\nis not satisfied that the approved insurer has sufficient financial resources to continue properly to carry on business as an approved insurer,\n14—Substitution of section 104\nSection 104—delete the section and substitute:\n104—Requirements if policy is to comply with this Part\n\t(1)\tIn order to comply with this Part, a policy of insurance must—\n\t(a)\tinsure the owner of the motor vehicle to which the policy relates, and any other person who at any time drives or is a passenger in or on the vehicle, whether with or without the consent of the owner, in respect of all liability that may be incurred by the owner or other person in respect of the death of, or bodily injury to, any person caused by, or arising out of the use of, the vehicle in any part of the Commonwealth; and\n\t(b)\tbe in the terms, and contain the conditions and warranties, determined by the CTP Regulator from time to time.\n\t(2)\tHowever, a policy of insurance complies with this Part even though it does not extend to liability arising from the death of, or bodily injury to, a participant in a road race caused by the act or omission of another participant in the road race.\n15—Amendment of section 116—Claim against nominal defendant where vehicle uninsured\nSection 116(1), definition of uninsured motor vehicle—delete the definition and substitute:\nuninsured motor vehicle means a motor vehicle in relation to which no policy of insurance as required by this Part is in force, but does not include—\n\t(a)\ta prescribed agricultural machine (within the meaning of section 12) in relation to which there is in force a policy of public liability insurance referred to in section 12(2b); or\n\t(b)\ta motor vehicle in relation to which there is in force a policy of public liability insurance referred to in section 12B(2); or\n\t(c)\ta motor vehicle of a kind exempted by the regulations from insurance under this Part in relation to which there is in force a policy of insurance as required by the regulations; or\n\t(d)\ta motor vehicle in relation to which there is in force a policy of insurance—\n\t(i)\tthat complies with the law of some other State or Territory of the Commonwealth; and\n\t(ii)\tunder which the owner and driver of the motor vehicle are insured against liability that might be incurred by either or both of them in respect of the death of, or bodily injury to, any person caused by, or arising out of the use of, the motor vehicle in this State.\n16—Amendment of section 124AA—Limitation of liability in respect of foreign awards\nSection 124AA(2)—delete \"under Schedule 4\" and substitute:\nunder this Part\n17—Repeal of section 129\nSection 129—delete the section\n18—Repeal of section 134A\nSection 134A—delete the section\n19—Repeal of Schedule 4\nSchedule 4—delete the Schedule\n20—Transitional provision—Saving of existing policies of insurance under Part 4\nA policy of insurance under Part 4 in force immediately before the commencement of this section will, after that commencement, continue in force, until its expiry or cancellation, as a policy under that Part subject to the terms, conditions, warranties and exclusions set out in the table below.\n\n1\nThe insurer insures the owner of the motor vehicle and any other person who at any time drives or is a passenger in or on the vehicle, whether with or without the consent of the owner, in respect of all liability that may be incurred by the owner or other person in respect of the death of, or bodily injury to, any person caused by or arising out of the use of the vehicle in any part of the Commonwealth.\n2\nA person so insured warrants that he or she will not—\n\t(a)\tdrive the vehicle, or do or omit to do anything in relation to the vehicle, with the intention of causing the death of, or bodily injury to, a person or damage to another's property or with reckless indifference as to whether such death, bodily injury or damage results; or\n\t(b)\tdrive the vehicle while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle; or\n\t(c)\tdrive the vehicle while there is present in his or her blood a concentration of .1 grams or more of alcohol in 100 millilitres of blood; or\n\t(d)\tdrive the vehicle while not duly licensed or otherwise permitted by law to drive the motor vehicle; or\n\t(e)\tdrive the vehicle while the vehicle is overloaded, or in an unsafe, unroadworthy or damaged condition; or\n\t(f)\tuse the vehicle otherwise than—\n\t(i)\tfor purposes stated in the application for registration, renewal of registration, exemption from registration or a permit, in respect of the vehicle; or\n\t(ii)\tif trade plates are affixed to the vehicle—for purposes stated in the application for the issuing of those plates; or\n\t(iii)\tfor purposes agreed on between the insurer and the registered owner of the vehicle; or\n\t(g)\tif the person is the driver of the vehicle when it is involved in an accident in which a person is killed or injured—commit an offence against section 43 of the Road Traffic Act 1961.\n3\nThe owner of the vehicle warrants that no other person will, with his or her knowledge or consent (which will be presumed in any proceedings in the absence of proof to the contrary), drive or use the vehicle, or do or omit to do anything in relation to the vehicle, contrary to any of the paragraphs of clause 2.\n4\nThis policy of insurance does not extend to liability arising from death of, or bodily injury to, a participant in a road race caused by the act or omission of another participant in the road race.\nPart 4—Transitional provisions\n21—Interpretation\nIn this Part—\ncommencement day means the day on which this Part comes into operation;\ndeclared day means the day declared by proclamation to be the day on which the transitional period ends;\nMinister means the Minister with responsibility for approving insurers under Part 4 of the Motor Vehicles Act;\ntransitional period means the period commencing on the commencement day and ending on the declared day.\n22—Ministerial control\nDuring the transitional period, the CTP Regulator is subject to the directions of the Minister as to the exercise of the following of the Regulator's functions:\n\t(a)\tdetermining premium amounts payable in respect of CTP insurance policies;\n\t(b)\tdetermining the minimum terms and conditions of CTP insurance policies;\n\t(c)\tmaking, monitoring the operation of, and reviewing from time to time, rules with which approved insurers must comply, and guidelines for approved insurers, in relation to—\n\t(i)\tthe determination of premiums; and\n\t(ii)\tthe management of claims; and\n\t(iii)\tdispute resolution; and\n\t(iv)\tthe provision of information to consumers; and\n\t(v)\tany other relevant matter.\n23—Transfer of CTP insurance policies\n\t(1)\tOn the commencement day, a CTP insurance policy in existence under Part 4 of the Motor Vehicles Act will, by force of this subclause, be transferred from the Motor Accident Commission to an approved insurer in accordance with a scheme determined by the Minister.\n\t(2)\tDuring the transitional period, the CTP Regulator may transfer a CTP insurance policy relating to a motor vehicle from 1 approved insurer to another approved insurer in accordance with a scheme determined by the Minister (in which case, the approved insurer to whom the policy of insurance is transferred becomes the insurer under the policy of insurance relating to that motor vehicle).\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2016\n16\nCompulsory Third Party Insurance Regulation Act 2016 \n21.4.2016\n12.5.2016 except s 5(1)(b), (1)(f)(i), (3), Sch 1 Pt 2, Pt 3 (cll 10(2), (3), 11(1), (2), (4), 12(1), (7), 13, 14, 16, 17, 19 & 20) and Pt 4—1.7.2016 (Gazette 12.5.2016 p1445)\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act transfers key regulatory functions away from the prior arrangements and establishes a dedicated CTP Regulator to determine premiums, set minimum policy terms, approve and monitor insurers, and manage insurer approvals and novations (ss4–6; Sch 1 Pt 3 cl12–14). It also converts the Motor Accident Commission’s CTP role to residual business and provides for transfer of existing policies to approved insurers during a ministerially guided transitional period (Sch 1 Pt 2 cl4, cl6; Pt 4 ss22–23)."},"complexity_factors":["Creation of a new independent regulator with broad regulatory, rulemaking and market‑shaping powers (ss4–6)","Cross‑Act amendments to the Motor Accident Commission Act 1992 and Motor Vehicles Act 1959 (Sch 1 Pt 2 & Pt 3) requiring coordinated implementation","Transitional regime that permits ministerial direction and large‑scale transfer/novation of policies (Sch 1 Pt 4, ss22–23)","Extensive information‑gathering and confidentiality rules with criminal penalties ($20,000 or 2 years) (ss16–17)","Financial arrangements shifting cost recovery to approved insurers and Registrar fee retention (s5(4), amended s99A(14))","Significant administrative discretion via regulations and Minister/Regulator determinations (s22(2), s22(3)(d))","Delegation, appointment and removal regimes for a single‑person Regulator (CEO) with saving provisions for defects (ss8–14)","Removal of prior institutional roles (MAC as sole insurer) and transitional residual roles for MAC (Sch 1 Pt 2 cl4 & cl6)"],"plain_english_summary":"This Act creates a standalone CTP Regulator to run and supervise South Australia’s compulsory third‑party (CTP) motor insurance scheme. The Regulator sets premiums and minimum policy terms, approves and monitors insurers, makes rules and collects information, and may recover its administrative costs from insurers (see s4–6, s16, s5(4)).\n\nThe Act also moves tasks and policies from the Motor Accident Commission and the Registrar into the new regime, authorises a transitional period during which the Minister can direct certain functions, and allows transfer of existing CTP policies (see Sch 1 Pt 3 & Pt 4)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not returned. Only a website error page and navigation links were provided. No substantive content was available to compare against original legislative intent."},"complexity_factors":["No legislative text was retrievable — the source returned a 404 Page Not Found error","Score reflects inability to assess the actual Act, not simplicity of the underlying law (CTP schemes are typically complex)","The 2026 website migration appears to have broken legacy URLs, making the document inaccessible for analysis"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Compulsory Third Party Insurance Regulation Act 2016 (SA)** could not be retrieved — the source page returned a \"Page Not Found\" error, likely due to a website migration that occurred around **24 March 2026**.\n\n### What we do know from the title:\n- This is **South Australian legislation** dealing with **Compulsory Third Party (CTP) insurance** — the mandatory insurance every registered vehicle must carry that covers compensation for people injured in road accidents.\n- The word **\"Regulation\"** in the title suggests it establishes or modifies the rules governing how CTP insurance schemes operate in SA — potentially covering things like:\n  - How insurers are licensed and supervised\n  - How premiums (the cost of your insurance) are set\n  - How claims are processed and disputes resolved\n  - The rights of injured road accident victims\n\n### Why this matters to you:\nCTP insurance directly affects **every vehicle owner in South Australia** — it is bundled into your vehicle registration cost. If you are injured in a road accident (even as a pedestrian or cyclist), this law governs whether and how you can be compensated.\n\n> **To access the actual Act**, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for *\"Compulsory Third Party Insurance Regulation Act 2016\"* directly, or email OPCWeb@sa.gov.au to report the broken link."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing the CTP Regulator and transitioning South Australia's compulsory third party insurance scheme from a monopoly to a competitive market. The amendments to related Acts are directly consequential to this core purpose."},"complexity_factors":["Extensive cross-referencing between three Acts (this Act, Motor Vehicles Act 1959, and Motor Accident Commission Act 1992)","Schedule 1 contains 23 separate amendment provisions modifying existing legislation","Transitional provisions create a temporary 'transitional period' with different rules for insurer selection and Ministerial control","Nested conditional logic in premium determination (section 5(3)) limiting differential pricing to specific bases","Multiple layers of delegation and acting appointments (CEO, Acting CEO, delegates)","Confidentiality provisions with five specific exceptions plus a public benefit override (section 17)","Novation and policy transfer mechanics involving three parties (Regulator, insurers, vehicle owners)","Preservation of existing policies under saved terms set out in a detailed table (Schedule 1, clause 20)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a new government body called the **CTP Regulator** to oversee compulsory third party (CTP) insurance for motor vehicles in South Australia. CTP insurance is the mandatory insurance every registered vehicle must have to cover compensation for people killed or injured in accidents.\n\n**Key changes:**\n\n*   **New regulator:** Establishes the CTP Regulator as an independent body corporate (a legal entity separate from the government but still part of the Crown) to regulate approved insurers, set premium amounts, and determine minimum policy terms.\n*   **Premium control:** The Regulator decides how much CTP insurance costs, ensuring premiums are \"fair and reasonable.\" Premiums can only vary based on vehicle type, use, location, or GST entitlements—not arbitrary factors.\n*   **Market opening:** Transitions South Australia from a single government insurer (the Motor Accident Commission) to a competitive market where multiple private insurers can be approved to offer CTP insurance.\n*   **Information powers:** Gives the Regulator strong powers to demand financial and operational information from insurers, with penalties for non-compliance or false information.\n*   **Confidentiality protections:** Strict rules prevent misuse of commercially sensitive information obtained by the Regulator, with criminal penalties for unauthorized disclosure.\n\n**Who it affects:**\n\n*   **Vehicle owners:** Anyone registering a vehicle in South Australia (must purchase CTP insurance from an approved insurer).\n*   **Insurance companies:** Private insurers seeking approval to offer CTP insurance in SA.\n*   **Motor Accident Commission:** The former monopoly insurer, which transitions to managing residual business only.\n\n**Why it matters:**\n\nThis legislation fundamentally restructures how CTP insurance works in South Australia, moving from a government monopoly to a regulated competitive market. It aims to give consumers choice while maintaining government oversight of pricing and policy standards to prevent insurers from charging unfair premiums or providing inadequate coverage."}},"importantCases":[],"_links":{"self":"/api/acts/compulsory-third-party-insurance-regulation-act-2016","history":"/api/acts/compulsory-third-party-insurance-regulation-act-2016/history","analysis":"/api/acts/compulsory-third-party-insurance-regulation-act-2016/analysis","conflicts":"/api/acts/compulsory-third-party-insurance-regulation-act-2016/conflicts","importantCases":"/api/acts/compulsory-third-party-insurance-regulation-act-2016/important-cases","documents":"/api/acts/compulsory-third-party-insurance-regulation-act-2016/documents"}}