{"id":"motor-accident-commission-act-1992","name":"Motor Accident Commission Act 1992","slug":"motor-accident-commission-act-1992","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105981,"registerId":"sa-motor-accident-commission-act-1992-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Motor Accident Commission Act 1992","content":"South Australia\nMotor Accident Commission Act 1992\nAn Act to reconstitute the statutory authority formerly known as the State Government Insurance Commission as the Motor Accident Commission; to redefine its functions; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Continuation of Commission\n4\tContinuation of Commission\n4A\tCommission to behave as model litigant\nPart 3—Board of directors\n5\tBoard of directors\n6\tComposition of board\n7\tProcedures of board\n8\tVacancies or defects in appointment of directors\n10\tRemuneration\n13\tDelegation\nPart 4—Operations of Commission\n13A\tSufficient level of solvency\n14\tFunctions and objectives of Commission\n14A\tNon-application of Government Business Enterprises (Competition) Act 1996\n15\tPowers of Commission\n16\tCommon seal and execution of documents\n17\tValidity of transactions of Commission\n18\tCommission's charter\n19\tAdvances by Treasurer\n20\tBorrowing and security for loans\n21\tGuarantee\n23\tTax and other liabilities of Commission\n24\tRestraint of trade or commerce\n25\tMAC Fund\n26\tRequirement by Treasurer for payment from surplus\n28\tAccounts and audit\n29\tAnnual report\nPart 5—Miscellaneous\n29A\tStaff\n29B\tProsecution of offences under Part 4 of Motor Vehicles Act 1959\n30\tRegulations\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Motor Accident Commission Act 1992.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nboard means the board of directors of the Commission;\nCommission means the Motor Accident Commission;\ncompulsory third party insurance business means business relating to insurance required under Part 4 of the Motor Vehicles Act 1959;\ndirector means a member of the board;\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;\nMAC Fund means the Fund continued in existence under Part 4.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\nPart 2—Continuation of Commission\n4—Continuation of Commission\n\t(1)\tThe State Government Insurance Commission continues (without change of its corporate identity) as the Motor Accident Commission.\n\t(2)\tThe Commission—\n\t(a)\tcontinues as the same body corporate;\n\t(b)\thas perpetual succession and a common seal;\n\t(c)\tis capable of suing and being sued in its corporate name;\n\t(d)\thas the functions and powers assigned or conferred by or under this Act.\n\t(3)\tThe Commission is an instrumentality of the Crown and holds its property on behalf of the Crown.\n4A—Commission to behave as model litigant\n\t(1)\tThe Commission must behave as a model litigant in the conduct of litigation.\n\t(2)\tAny model litigant guidelines applicable to the Crown Solicitor apply also to the Commission.\nPart 3—Board of directors\n5—Board of directors\n\t(1)\tThe Commission is to have a board of directors.\n\t(2)\tThe board is to be the governing body of the Commission and anything done by the board in the administration of the Commission's affairs is binding on the Commission.\n\t(3)\tThe board is subject to direction by the Minister.\n6—Composition of board\n\t(1)\tThe board consists of not more than 10 and not less than 3 persons appointed by the Governor.\n\t(2)\tOne of the directors will be appointed by the Governor to chair the board.\n\t(3)\tAt least one of the directors must be a man and at least one must be a woman.\n\t(4)\tA director is to be appointed for a term (not exceeding three years) specified in the instrument of appointment and is, on the expiration of a term of office, eligible for reappointment.\n\t(5)\tThe Governor may appoint a director to be the deputy of the director appointed to chair the board and the deputy may perform or exercise the functions and powers of that director in his or her absence.\n\t(6)\tThe Governor may appoint a person to be a deputy of a director (other than the director appointed to chair the board) and the deputy may act as a director in the absence of that director.\n\t(7)\tThe Governor may remove a director from office if—\n\t(a)\tthe instrument of appointment states that the director is appointed because of a specified qualification or capacity and the director ceases to hold the relevant qualification or capacity; or\n\t(b)\tthe director is liable to be removed from office under the terms of the director's appointment; or\n\t(c)\tthe director is guilty of misconduct or fails to perform official duties satisfactorily.\n\t(8)\tThe office of a director becomes vacant if the member—\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)\tbecomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(f)\tis removed from office under subsection (7).\n\t(8a)\tAll directors in office immediately before the commencement of this subsection vacate their respective offices on the commencement of this subsection.\n\t(9)\tOn the office of a director becoming vacant, a person may be appointed in accordance with this section to the vacant office.\n7—Procedures of board\n\t(1)\tThree directors constitute a quorum for a meeting of the board and no business may be transacted at a meeting of the board unless a quorum is present.\n\t(2)\tThe director appointed to chair the board must chair meetings of the board at which he or she is present.\n\t(3)\tIf the director appointed to chair the board is absent from a meeting of the board, the meeting must be chaired—\n\t(a)\twhere another director has been appointed as that director's deputy and is present at the meeting—by the deputy;\n\t(b)\tin any other case—by a director chosen by the directors present at the meeting.\n\t(4)\tA decision carried by a majority of the votes cast by directors present at a meeting is a decision of the board.\n\t(5)\tEach director present at a meeting of the board has one vote on any question arising for decision and, if the votes are equal, the director chairing the meeting has a casting vote in addition to a deliberative vote.\n\t(6)\tA conference between directors constituting a quorum by telephone or audio-visual means is a valid meeting of the board if—\n\t(a)\tnotice of the conference is given to all directors in the manner determined by the board for that purpose; and\n\t(b)\teach participating director is capable of communicating with every other participating director during the conference.\n\t(7)\tA decision concurred in by directors otherwise than at a meeting of the board is a valid decision of the board if—\n\t(a)\tnotice of the terms of the decision proposed to be made has been given to all directors in the manner determined by the board for that purpose; and\n\t(b)\ta number of directors not less than that required for a quorum of the board have signified their concurrence in the decision by letter, telegram, telex, facsimile transmission or other method of written communication setting out the terms of the decision.\n\t(8)\tSubject to this Act, the board may determine its own procedures.\n\t(9)\tThe board must have accurate minutes kept of its proceedings.\n8—Vacancies or defects in appointment of directors\nAn act of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a director.\n10—Remuneration\nA director is entitled to such remuneration, allowances and expenses as may be determined by the Governor, including remuneration, allowances and expenses for membership of the governing body of a subsidiary of the Commission.\n13—Delegation\n\t(1)\tThe board may delegate any of its powers or functions.\n\t(2)\tA power or function 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.\n\t(4)\tA delegate must not act in any matter pursuant to the delegation in which the delegate has a direct or indirect pecuniary or personal interest.\nPenalty: Division 5 fine or division 5 imprisonment.\n\t(5)\tIt is a defence to a charge of an offence against subsection (4) to prove that the defendant was, at the time of the alleged offence, unaware of his or her interest in the matter.\n\t(6)\tIn subsection (4)—\ndelegate includes a member of a body, or of the governing body of a company or other entity, to which any powers or functions of the board have been delegated.\nPart 4—Operations of Commission\n13A—Sufficient level of solvency\nFor the purposes of this Part, the MAC Fund has a sufficient level of solvency if the amount in the Fund equals or exceeds an amount calculated in accordance with the formula determined from time to time by the Treasurer for the purpose and published in the Gazette, being a formula designed to ensure that the Fund is able to meet all its reasonably estimated liabilities as they fall due.\n14—Functions and objectives of Commission\n\t(1)\tThe functions of the Commission are—\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(b)\tto maintain the MAC Fund;\n\t(c)\tto perform the functions of the nominal defendant while the Commission holds that office under Part 4 of the Motor Vehicles Act 1959;\n\t(d)\tto provide financial or other support for and promote programs designed to reduce the incidence or impact of road accidents and road accident injuries;\n\t(e)\tto carry on any other residual insurance business arising from its earlier operations as the State Government Insurance Commission (but only in order to wind up that business);\n\t(f)\tto perform any functions of a kind prescribed by regulation;\n\t(g)\tto perform any functions that are necessary or convenient for or incidental to the performance of functions referred to above.\n\t(2)\tThe Commission may perform its functions within or outside the State.\n14A—Non-application of Government Business Enterprises (Competition) Act 1996\nThe Government Business Enterprises (Competition) Act 1996 does not apply to the Commission or to any activity of the Commission.\n15—Powers of Commission\nSubject to any limitations imposed by or under this Act, the Commission has all the powers of a natural person.\n16—Common seal and execution of documents\n\t(1)\tA document is duly executed by the Commission if—\n\t(a)\tthe common seal of the Commission is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the Commission by a person or persons in accordance with authority conferred under this section.\n\t(2)\tThe common seal of the Commission must not be affixed to a document except in pursuance of a decision of the board, and the affixing of the seal must be attested by the signatures of two directors.\n\t(3)\tThe Commission may, by instrument under its common seal, authorise a director, an employee of the Commission (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Commission subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(4)\tWithout limiting subsection (3), an authority may be given so as to authorise two or more persons to execute documents jointly on behalf of the Commission.\n17—Validity of transactions of Commission\n\t(1)\tSubject to subsection (2), a transaction to which the Commission is a party or apparently a party (whether made or apparently made under the Commission's common seal or by a person with authority to bind the Commission) is not invalid because of—\n\t(a)\tany deficiency of power on the part of the Commission;\n\t(b)\tany procedural irregularity on the part of the board or any director, employee or agent of the Commission;\n\t(c)\tany procedural irregularity affecting the appointment of a director, employee or agent of the Commission.\n\t(2)\tThis section does not validate a transaction in favour of a party—\n\t(a)\twho enters into the transaction with actual knowledge of the deficiency or irregularity; or\n\t(b)\twho has a connection or relationship with the Commission such that the person ought to know of the deficiency or irregularity.\n18—Commission's charter\n\t(1)\tThe Minister must, in consultation with the board, prepare a charter for the Commission.\n\t(2)\tThe charter must deal with the following matters:\n\t(a)\tthe nature and scope of the activities to be undertaken, including—\n\t(i)\tthe nature and scope of the investment activities to be undertaken in respect of money of the MAC Fund and other money held by the Commission;\n\t(ii)\tthe nature and scope of any activities or transactions outside the State;\n\t(iii)\tthe nature and scope of the activities or transactions that may be undertaken by subsidiaries of the Commission, by other companies or entities related to the Commission or by the Commission in partnership or under any arrangement for sharing of profits, co-operation or joint venture with another person; and\n\t(b)\tall requirements of the Minister or the Treasurer as to—\n\t(i)\tthe Commission's obligations to report on its operations;\n\t(ii)\tthe form and contents of the Commission's accounts and financial statements;\n\t(iii)\tany financial, accounting or internal auditing practices or procedures to be observed by the Commission.\n\t(3)\tThe charter may—\n\t(a)\tlimit the functions or powers of the Commission otherwise provided by this Act;\n\t(b)\tdeal with any other matter not specifically referred to in subsection (2).\n\t(4)\tThe Minister must, in consultation with the board, review the charter—\n\t(a)\ton the commencement of this subsection; and\n\t(b)\tat the end of each financial year.\n\t(5)\tThe Minister may, in consultation with the board, amend the charter at any time.\n\t(6)\tThe charter or any amendment to the charter comes into force and is binding on the Commission on a day determined by the Minister and specified in the charter or amendment.\n\t(7)\tOn the charter or an amendment to the charter coming into force, the Minister must—\n\t(a)\twithin six sitting days, cause a copy of the charter, or the charter in its amended form, to be laid before both Houses of Parliament; and\n\t(b)\twithin 14 days (unless such a copy is sooner laid before both Houses of Parliament under paragraph (a)), cause a copy of the charter, or the charter in its amended form, to be presented to the Economic and Finance Committee of the Parliament.\n19—Advances by Treasurer\n\t(1)\tThe Treasurer may advance money to the Commission (by way of grant or loan) on terms and conditions determined by the Treasurer in consultation with the board.\n\t(2)\tAn amount advanced to the Commission under subsection (1) will be paid out of the Consolidated Account which is appropriated by this section to the necessary extent.\n20—Borrowing and security for loans\nExcept as approved by the Treasurer, the Commission may not borrow money or give security for the repayment of a loan.\n21—Guarantee\n\t(1)\tThe liabilities of the Commission are guaranteed by the Treasurer.\n\t(2)\tA liability of the Treasurer arising by virtue of a guarantee under subsection (1) will be satisfied out of the Consolidated Account which is appropriated by this section to the necessary extent.\n\t(3)\tThe Treasurer may, from time to time, after consultation with the board, fix charges to be paid by the Commission in respect of the guarantee provided under this section and determine the times and manner of their payment.\n23—Tax and other liabilities of Commission\n\t(1)\tThe Commission is liable to all such rates, duties, taxes and imposts and has all such other liabilities and duties as would apply under the law of the State if the Commission were not constituted by this Act and were not an instrumentality of the Crown.\n\t(2)\tThe Commission is liable to pay to the Treasurer, for the credit of the Consolidated Account, such amounts as the Treasurer from time to time determines to be equivalent to taxes or imposts (other than income tax) that the Commission does not pay to the Commonwealth but would be liable to pay under the law of the Commonwealth if it were constituted and organised in such manner as the Treasurer determines to be appropriate for the purposes of this subsection as a public company or group of public companies carrying on the business carried on by the Commission.\n\t(3)\tAmounts determined by the Treasurer to be payable under subsection (2) must be paid by the Commission at the times and in the manner determined by the Treasurer.\n24—Restraint of trade or commerce\n\t(1)\tThe Commission must not, without the approval of the Minister, make a contract or arrangement or enter into an understanding in restraint of trade or commerce.\n\t(2)\tThe Commission must not, without the approval of the Minister—\n\t(a)\tsupply any service;\n\t(b)\tcharge a price for any service;\n\t(c)\tgive or allow a discount, allowance, rebate or credit in relation to the supply of any service,\non the condition, or subject to a contract, arrangement or understanding, that the person to whom the Commission supplies the service will not, or will to a limited extent only, obtain services of a similar kind from a competitor of the Commission.\n\t(3)\tThe Commission must not discriminate between purchasers of like services in relation to—\n\t(a)\tthe price charged by the Commission for those services;\n\t(b)\tany discounts, allowances, rebates or credits given in relation to the supply of those services;\n\t(c)\tthe method of payments for those services,\nif the nature of that discrimination is likely to have the effect of substantially lessening competition in the market for services of a similar kind.\n\t(4)\tWhere the Minister gives an approval under subsection (1) or subsection (2), the Minister must forthwith publish in the Gazette notice of that approval setting out with reasonable particularity the matter approved of and the reasons for the approval.\n25—MAC Fund\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(4)\tThe Fund is to consist of—\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(ab)\tall income of the Commission derived from fines for offences against Part 4 of the Motor Vehicles Act 1959 prosecuted by the Commission; and\n\t(b)\tall income of the Commission derived from or attributable to investment of money from the Fund; and\n\t(c)\tall amounts paid to the Commission by the Treasurer for payment into the Fund; and\n\t(d)\tany other amount that the Commission pays to the Fund.\n\t(5)\tThe Fund may be applied only—\n\t(a)\tin payments made for the purposes of the compulsory third party insurance business; and\n\t(b)\tin investments authorised under this Act; and\n\t(c)\tin payment of the proportion of the Commission's costs determined by the Commission to be referable to its residual compulsory third party insurance business; and\n\t(d)\tin making payments that the Treasurer requires to be made from the Fund under this Act.\n\t(5a)\tThe Commission—\n\t(a)\tmay, where it considers it appropriate to do so, by agreement with a claimant, pay the whole or part of any amount of compensation payable to the claimant under a policy of third party insurance in periodic payments, by way of an annuity or otherwise, instead of in a lump sum; and\n\t(b)\tmay provide any investment or other incidental services for the purpose.\n\t(6)\tThe Commission must, in managing its investment of money from the Fund, give due consideration to investment opportunities in or for the benefit of South Australia.\n\t(7)\tSubject to this Act, money must not be lent or transferred from the Fund to another fund or account of the Commission.\n\t(8)\tHowever, this section does not prevent the Commission—\n\t(a)\tfrom managing the investment of the Fund by combining the money or investments of the Fund with other money or investments of the Commission;\n\t(b)\tfrom keeping money of the Fund in a single ADI account together with other money of the Commission and, in the course of operation of the account—\n\t(i)\tfrom allowing the Fund to be in temporary deficit; or\n\t(ii)\tfrom allowing the Fund to be temporarily debited to meet payments required to be made for business of the Commission other than the business for which the Fund is established.\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.\n26—Requirement by Treasurer for payment from surplus\n\t(2)\tWhere it appears from the audited accounts of the Commission that a surplus exists in the MAC Fund, the Commission must, if the Treasurer so requires, pay to the Treasurer or, as the Treasurer directs, otherwise deal with such part of the surplus as the Treasurer determines in consultation with the board and having regard to the obligation of the Commission to seek to achieve and maintain a sufficient level of solvency in the Fund.\n28—Accounts and audit\n\t(1)\tThe board must cause proper accounts to be kept of the Commission's financial affairs and financial statements to be prepared in respect of each financial year.\n\t(2)\tThe accounts and financial statements must comply with the requirements of the Treasurer contained in the Commission's charter.\n\t(3)\tThe Auditor-General may at any time, and must in respect of each financial year, audit the accounts and financial statements of the Commission.\n29—Annual report\n\t(1)\tThe board must, on or before 30 September in each year, deliver to the Minister a report on the operations of the Commission during the preceding financial year.\n\t(2)\tThe report must—\n\t(a)\tincorporate the audited accounts and financial statements for the financial year; and\n\t(b)\tincorporate the Commission's charter as for the time being in force and set out any amendments to the charter made during the financial year; and\n\t(c)\tset out any directions given to the board by the Minister that are not contained in the Commission's charter; and\n\t(d)\tset out details of any approval given by the Treasurer during the financial year in respect of any borrowing by the Commission or any security given by the Commission for the repayment of a loan; and\n\t(e)\tset out details of any approval given by the Minister during the financial year in respect of a contract, arrangement or understanding in restraint of trade or commerce or any other transaction referred to in section 24; and\n\t(f)\tset out the current formula determined by the Treasurer for calculating the sufficient level of solvency for the purposes of the MAC Fund.\n\t(3)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after his or her receipt of the report.\nPart 5—Miscellaneous\n29A—Staff\n\t(1)\tThe Commission's employees are not Public Service employees.\n\t(2)\tHowever, the Commission may, with the approval of the Minister administering an administrative unit of the Public Service, on terms mutually arranged, make use of the services of persons employed in the administrative unit.\n\t(3)\tThe Commission is declared not to be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth.\n29B—Prosecution of offences under Part 4 of Motor Vehicles Act 1959\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.\n\t(2)\tA fine recovered for an offence under Part 4 of the Motor Vehicles Act 1959 prosecuted by the Commission is payable to the Commission.\n30—Regulations\nThe Governor may make such regulations as are contemplated by this Act or necessary or expedient for the purposes of this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\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.\nFormerly\nState Government Insurance Commission Act 1992\nLegislation repealed by principal Act\nThe Motor Accident Commission Act 1992 repealed the following:\nState Government Insurance Commission Act 1970\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1992\n39\n State Government Insurance Commission Act 1992\n21.5.1992\n30.6.1992 (Gazette 25.6.1992 p1883)\n1995\n4\n State Government Insurance Commission (Preparation for Restructuring) Amendment Act 1995\n2.3.1995\n23.3.1995 (Gazette 23.3.1995 p986)\n1995\n47\n SGIC (Sale) Act 1995\n22.6.1995\nSch 1—1.7.1995 (Gazette 29.6.1995 p2972)\n1999\n33\n Financial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 35)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\n2001\n23\n Statutes Amendment (Corporations) Act 2001\n14.6.2001\nPt 23 (s 87)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13 July 2001 (Gazette 21.6.2001 p2270)\n2002\n17\n Statutes Amendment (Third Party Bodily Injury Insurance) Act 2002\n12.9.2002\nPt 2—3.10.2002 (Gazette 3.10.2002 p3578) except s 8—1.7.2001: s 2(2)\n2009\n58\n Statutes Amendment (National Industrial Relations System) Act 2009\n26.11.2009\nPt 8 (s 36)—1.1.2010 (Gazette 17.12.2009 p6351)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 93 (ss 215 & 216)—1.2.2010 (Gazette 28.1.2010 p320)\n2013\n15\n Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013\n23.5.2013\nSch 2 (cl 9, 10 & 23)—1.7.2013 (Gazette 20.6.2013 p2629)\n2016\n16\n Compulsory Third Party Insurance Regulation Act 2016\n21.4.2016\nSch 1 (cll 2—9)—1.7.2016 (Gazette 12.5.2016 p1445)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\nsubstituted by 47/1995 Sch 1 cl (a)\n1.7.1995\nPt 1\n\n\ns 1\nsubstituted by 47/1995 Sch 1 cl (b)\n1.7.1995\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\nsubstituted by 47/1995 Sch 1 cl (c)\n1.7.1995\nCompulsory Third Party Fund\ndeleted by 16/2016 Sch 1 cl 2(1)\n1.7.2016\nMAC Fund\ninserted by 16/2016 Sch 1 cl 2(2)\n1.7.2016\nPt 2\n\n\ns 4\n\n\ns 4(1)\nsubstituted by 47/1995 Sch 1 cl (d)\n1.7.1995\ns 4A\ninserted by 15/2013 Sch 2 cl 9\n1.7.2013\nPt 3\n\n\ns 5\n\n\ns 5(4)\ndeleted by 47/1995 Sch 1 cl (e)\n1.7.1995\ns 6\n\n\ns 6(1)\nsubstituted by 47/1995 Sch 1 cl (f)\n1.7.1995\ns 6(3)\nsubstituted by 47/1995 Sch 1 cl (g)\n1.7.1995\ns 6(7)\nsubstituted by 47/1995 Sch 1 cl (h)\n1.7.1995\ns 6(8a)\ninserted by 47/1995 Sch 1 cl (i)\n1.7.1995\ns 7\n\n\ns 7(1)\namended by 47/1995 Sch 1 cl (j)\n1.7.1995\ns 9\ndeleted by 84/2009 s 215\n1.2.2010\nss 11 and 12\ndeleted by 84/2009 s 216\n1.2.2010\nPt 4\n\n\ns 13A\ninserted by 17/2002 s 4\n3.10.2002\n\namended by 16/2016 Sch 1 cl 3\n1.7.2016\ns 14\n\n\ns 14(1)\nsubstituted by 17/2002 s 5(a)\n3.10.2002\n\namended by 16/2016 Sch 1 cl 4(1), (2)\n1.7.2016\ns 14(3)\ndeleted by 47/1995 Sch 1 cl (k)\n1.7.1995\ns 14(3)\ninserted by 17/2002 s 5(b)\n3.10.2002\n\namended by 15/2013 Sch 2 cl 10\n1.7.2013\n\ndeleted by 16/2016 Sch 1 cl 4(3)\n1.7.2016\ns 14A\ninserted by 17/2002 s 6\n3.10.2002\ns 18\n\n\ns 18(2)\namended by 47/1995 Sch 1 cl (l)\n1.7.1995\n\namended by 16/2016 Sch 1 cl 5\n1.7.2016\ns 18(4)\nsubstituted by 47/1995 Sch 1 cl (m)\n1.7.1995\ns 22\ndeleted by 17/2002 s 7\n3.10.2002\ns 23\n\n\ns 23(2)\namended by 17/2002 s 8\n3.10.2002\ns 25\nsubstituted by 47/1995 Sch 1 cl (n)\n1.7.1995\ns 25(1)\nsubstituted by 16/2016 Sch 1 cl 6(1)\n1.7.2016\ns 25(2)\ndeleted by 17/2002 s 9(a)\n3.10.2002\n\ninserted by 16/2016 Sch 1 cl 6(1)\n1.7.2016\ns 25(3)\nsubstituted by 17/2002 s 9(b)\n3.10.2002\n\ndeleted by 16/2016 Sch 1 cl 6(1)\n1.7.2016\ns 25(3a)\ninserted by 17/2002 s 9(b)\n3.10.2002\n\ndeleted by 16/2016 Sch 1 cl 6(1)\n1.7.2016\ns 25(4)\namended by 17/2002 s 9(c)\n3.10.2002\n\namended by 16/2016 Sch 1 cl 6(2)\n1.7.2016\ns 25(5)\namended by 17/2002 s 9(d)\n3.10.2002\n\namended by 16/2016 Sch 1 cl 6(3)\n1.7.2016\n\n(e) deleted by 16/2016 Sch 1 cl 6(4)\n1.7.2016\ns 25(5a)\ninserted by 17/2002 s 9(e)\n3.10.2002\ns 25(8)\namended by 33/1999 Sch (item 35)\n1.7.1999\ns 25(9)\ninserted by 16/2016 Sch 1 cl 6(5)\n1.7.2016\ns 26\n\n\ns 26(1)\ndeleted by 17/2002 s 10(a)\n3.10.2002\ns 26(2)\namended by 47/1995 Sch 1 cl (o)\n1.7.1995\n\namended by 17/2002 s 10(b)\n3.10.2002\n\namended by 16/2016 Sch 1 cl 7\n1.7.2016\ns 27\ndeleted by 47/1995 Sch 1 cl (p)\n1.7.1995\ns 29\n\n\ns 29(2)\namended by 17/2002 s 11\n3.10.2002\n\namended by 16/2016 Sch 1 cl 8\n1.7.2016\nPt 5\n\n\ns 29A\ninserted by 47/1995 Sch 1 cl (q)\n1.7.1995\ns 29A(3)\ninserted by 58/2009 s 36\n1.1.2010\ns 29B\ninserted by 17/2002 s 12\n3.10.2002\ns 29B(1)\nsubstituted by 16/2016 Sch 1 cl 9\n1.7.2016\nPt 6\ninserted by 4/1995 s 3\n23.3.1995\n\namended by 47/1995 Sch 1 cl (r)—(t)\n1.7.1995\n\namended by 23/2001 s 87\n15.7.2001\n\ndeleted by 17/2002 s 13\n3.10.2002\nSch\ndeleted by 17/2002 s 14\n3.10.2002\nTransitional etc provisions associated with Act or amendments\nMotor Vehicle Accidents (Lifetime Support Scheme) Act 2013, Sch 2\n23—Contribution to liabilities of Authority—transitional provisions\n\t(1)\tThe Treasurer may, after consultation with MAC and the Authority, determine an amount that (in the opinion of the Treasurer) represents the amount derived by MAC from premiums in respect of policies of insurance under Part 4 of the Motor Vehicles Act 1959 in respect of any treatment, care and support needs of persons who become participants in the Scheme under this Act after the commencement of the Scheme and the commencement of section 58A of the Civil Liability Act 1936 (as inserted by this Act), including so as to provide an amount with respect to unexpended risk reserves held by MAC that are attributable to road accidents for which provision is made but for which liability does not eventually arise.\n\t(2)\tThe Treasurer may make a determination under subclause (1)—\n\t(a)\tin respect of past and future premiums payable under Part 4 of the Motor Vehicles Act 1959 (applying such estimates as the Treasurer thinks fit); and\n\t(b)\ton the basis of—\n\t(i)\testimates with respect to reductions in the liability and financial requirements of MAC in the future; and\n\t(ii)\testimates with respect to the liabilities and financial requirements of the Authority under this Act in the future,\nand after taking into account such other matters as the Treasurer thinks fit.\n\t(3)\tAn amount determined by the Treasurer under subclause (1) will be payable by MAC (from out of the Compulsory Third Party Fund established under Part 4 of the Motor Accident Commission Act 1992) to the Authority (for payment into the Lifetime Support Scheme Fund established under Part 7 of this Act) at a time determined by the Treasurer after consultation with MAC and the Authority.\n\t(4)\tThis clause operates despite any provision in the Motor Accident Commission Act 1992 about payments into or out of the Compulsory Third Party Fund.\n\t(5)\tIn this clause—\nMAC means the Motor Accident Commission.\nHistorical versions\nReprint No 1—23.3.1995\n\nReprint No 2—1.7.1995\n\nReprint No 3—1.7.1999\n\nReprint No 4—15.7.2001\n\nReprint No 5—3.10.2002\n\n1.1.2010\n\n1.2.2010\n\n1.7.2013\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has significantly narrowed in scope from its original intent. Originally the State Government Insurance Commission was a general government insurance provider. The 1992 Act (and subsequent amendments, particularly in 1995 and 2016) transformed it into a residual body that only manages the winding up of old insurance business and the MAC Fund for compulsory third party claims. The 2016 amendments further removed its role as the sole approved insurer for CTP insurance, transferring that function to private insurers under the Motor Vehicles Act 1959. The Commission has essentially shifted from an active insurance provider to a fund manager and nominal defendant."},"complexity_factors":["Moderate length (around 30 sections) with straightforward structure","Only 6 defined terms in the interpretation section (board, Commission, compulsory third party insurance business, director, insurance business, MAC Fund)","Some cross-referencing to the Motor Vehicles Act 1959 and other legislation, but not excessive","Simple conditional logic (e.g., quorum requirements, circumstances for removing directors)","Contains some financial and accounting technicalities (solvency formulas, fund management rules) that require specialist knowledge","Includes transitional provisions and legislative history that add bulk but not operational complexity","No deeply nested exceptions or highly conditional operational frameworks"],"plain_english_summary":"This South Australian law sets up and governs the **Motor Accident Commission (MAC)**, a government body that manages compulsory third party (CTP) insurance for motor vehicles.\n\n**What it does:**\n- **Renames and continues** the old State Government Insurance Commission as the Motor Accident Commission (it keeps the same legal identity but with a new name and purpose).\n- **Manages the MAC Fund**, which holds money from CTP insurance premiums and fines. This fund pays for compensation to people injured in car accidents and must stay solvent (have enough money to pay future claims).\n- **Sets up a board of directors** (3–10 people, including at least one man and one woman) to run the Commission, with the Minister able to give directions.\n- **Limits what MAC can do**: It can only carry on \"residual\" insurance business (winding up old policies), maintain the fund, promote road safety, and act as the \"nominal defendant\" (the body that pays compensation when the at-fault driver is uninsured or can't be found).\n- **Controls finances strictly**: The Treasurer must approve borrowing, can demand surplus money from the fund, and guarantees MAC's debts. MAC must follow a \"charter\" setting out investment rules and reporting requirements.\n- **Requires fair behaviour**: MAC must act as a \"model litigant\" (behave fairly and properly in court cases) and can't engage in anti-competitive practices (like price-fixing or exclusive dealing) without ministerial approval.\n\n**Who it affects:**\n- South Australian drivers (who pay CTP premiums)\n- People injured in motor accidents (who claim from the fund)\n- The MAC board and staff\n- The Treasurer and Minister (who oversee the Commission)\n\n**Why it matters:**\nThis law ensures there's a government-backed system to compensate people injured in car crashes, while making sure the fund remains financially stable. It also prevents MAC from competing unfairly with private insurers since it no longer writes new insurance policies—it's essentially running down old business while managing the compensation fund."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — no legislative text was provided. The page returned an error. Based on general knowledge, the Act's scope was likely superseded by the Motor Accident Injuries Act 2017 (SA), but this cannot be confirmed from the content supplied."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the Act's title and general knowledge, not actual legislative content","Complexity cannot be meaningfully assessed without the actual text","Score of 1 reflects the absence of content to analyse, not the inherent complexity of the Act itself"],"plain_english_summary":"## Motor Accident Commission Act 1992 (SA)\n\n**⚠️ Content Unavailable**\n\nThe actual text of this South Australian law could not be retrieved. The link to the legislation on the SA Government website returned a **Page Not Found** error, likely due to a website update on 24 March 2026 that broke older URLs and bookmarks.\n\n**What we know from the title alone:**\n\nThe *Motor Accident Commission Act 1992* is a South Australian law that historically established and governed the **Motor Accident Commission (MAC)** — the body that managed South Australia's compulsory third party (CTP) insurance scheme (the system that compensates people injured in motor vehicle accidents).\n\n**Who would this affect?**\n- Drivers and vehicle owners who pay CTP insurance (also called a 'green slip' — a compulsory insurance policy required to register a vehicle)\n- People injured in motor vehicle accidents seeking compensation\n- The insurance industry operating in SA\n\n**Note:** The MAC was wound up and replaced by the **Motor Accident Injuries Act 2017 (SA)**, which restructured how CTP insurance is managed in South Australia. This 1992 Act may now be largely historical or repealed.\n\n*To access the actual legislation, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for this Act.*"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/motor-accident-commission-act-1992","history":"/api/acts/motor-accident-commission-act-1992/history","analysis":"/api/acts/motor-accident-commission-act-1992/analysis","conflicts":"/api/acts/motor-accident-commission-act-1992/conflicts","importantCases":"/api/acts/motor-accident-commission-act-1992/important-cases","documents":"/api/acts/motor-accident-commission-act-1992/documents"}}