3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act: > > > > Authority means the State Insurance Regulatory Authority constituted under the [State Insurance and Care Governance Act 2015](/view/html/inforce/current/act-2015-019). > > > > death means death caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle if, and only if, the death is a result of and is caused during: > > > > > (a) the driving of the vehicle, or > > > > > (b) a collision, or action taken to avoid a collision, with the vehicle, or > > > > > (c) the vehicle’s running out of control, or > > > > > (d) such use or operation by a defect in the vehicle. > > > > deceased person means a person whose death is caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle if, and only if, the death is a result of and is caused during: > > > > > (a) the driving of the vehicle, or > > > > > (b) a collision, or action taken to avoid a collision, with the vehicle, or > > > > > (c) the vehicle’s running out of control, or > > > > > (d) such use or operation by a defect in the vehicle. > > > > driver means a person driving a motor vehicle, and includes: > > > > > (a) a person riding and operating a motor cycle, and > > > > > (b) a person for the time being in charge of a motor vehicle. > > > > excluded area means a road or road related area within the meaning of the [Road Transport (Vehicle Registration) Act 1997](/view/html/repealed/current/act-1997-119) that is the subject of a declaration made under section 15 (1) (b) of the [Road Transport (General) Act 2005](/view/html/repealed/current/act-2005-011) relating to all of the provisions of the [Road Transport (Vehicle Registration) Act 1997](/view/html/repealed/current/act-1997-119). > > > > fault means negligence or any other tort. > > > > GIO means the Government Insurance Office of New South Wales constituted under the Government Insurance Act 1927. > > > > Industry Deed means the agreement, as in force for the time being, executed under section 3A. > > > > injured person means a person who suffers injury which is caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle. > > > > injury: > > > > > (a) means personal or bodily injury caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle if, and only if, the injury is a result of and is caused during: > > > > > > > (i) the driving of the vehicle, or > > > > > > > (ii) a collision, or action taken to avoid a collision, with the vehicle, or > > > > > > > (iii) the vehicle’s running out of control, or > > > > > > > (iv) such use or operation by a defect in the vehicle, and > > > > > (b) includes: > > > > > > > (i) pre-natal injury, and > > > > > > > (ii) psychological or psychiatric injury, and > > > > > > > (iii) damage to artificial members, eyes or teeth, crutches or other aids or spectacle glasses. > > > > insured motor vehicle means a motor vehicle in relation to which a third-party policy is in force. > > > > insured person means a person insured under a third-party policy. > > > > licensed insurer means an insurer who is the holder of a licence granted under Part 7.1 of the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041) and in force. > > > > motor accident means an accident caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle which causes the death of or injury to a person. > > > > motor vehicle means a motor vehicle or trailer within the meaning of the [Road Transport (General) Act 2005](/view/html/repealed/current/act-2005-011). > > > > Note— > > > > The [Road Transport (General) Act 2005](/view/html/repealed/current/act-2005-011) defines motor vehicle to mean a vehicle that is built to be propelled by a motor that forms part of the vehicle. > > > > Nominal Defendant means the Nominal Defendant within the meaning of the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041). > > > > owner, in relation to a motor vehicle, means a person who is the owner of the vehicle by virtue of subsections (3)–(5). > > > > registration means: > > > > > (a) registration of a motor vehicle under the [Road Transport (Vehicle Registration) Act 1997](/view/html/repealed/current/act-1997-119), the [Transport Act 1930](/view/pdf/asmade/act-1930-18) or the [Recreation Vehicles Act 1983](/view/html/inforce/current/act-1983-136), or > > > > > (b) the issue of an unregistered vehicle permit under the [Road Transport (Vehicle Registration) Act 1997](/view/html/repealed/current/act-1997-119) for an unregistered motor vehicle, or > > > > > (c) registration in New South Wales of a motor vehicle under the [Interstate Road Transport Act 1985](http://www.legislation.gov.au/) of the Commonwealth. > > > > road means a road within the meaning of the [Road Transport (Vehicle Registration) Act 1997](/view/html/repealed/current/act-1997-119) (other than an excluded area). > > > > road related area means an area (other than an excluded area): > > > > > (a) referred to in paragraph (a), (b), (c), (d) or (e) of the definition of road related area in section 4 of the [Road Transport (Vehicle Registration) Act 1997](/view/html/repealed/current/act-1997-119), or > > > > > (b) referred to in paragraph (f) of that definition that has been declared under section 15 (1) (a) of the [Road Transport (General) Act 2005](/view/html/repealed/current/act-2005-011) to be an area to which the [Road Transport (Vehicle Registration) Act 1997](/view/html/repealed/current/act-1997-119) applies. > > > > Self Insurance Corporation means the NSW Self Insurance Corporation constituted by the [NSW Self Insurance Corporation Act 2004](/view/html/inforce/current/act-2004-106). > > > > spouse means: > > > > > (a) the person to whom a person is legally married (including the husband or wife of a person), or > > > > > (b) a de facto partner, > > > > but where more than one person would so qualify as a spouse, means only the last person so to qualify. > > > > Note— > > > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > > > third-party policy means a policy of insurance under this Act. > > > > trader’s plate means a trader’s plate within the meaning of the [Road Transport (Vehicle Registration) Act 1997](/view/html/repealed/current/act-1997-119). > > > > trailer means a trailer within the meaning of the [Road Transport (General) Act 2005](/view/html/repealed/current/act-2005-011). > > > > Note— > > > > The [Road Transport (General) Act 2005](/view/html/repealed/current/act-2005-011) defines trailer to mean a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed. > > > > vehicle means a vehicle within the meaning of the [Road Transport (General) Act 2005](/view/html/repealed/current/act-2005-011). > > > > Note— > > > > The [Road Transport (General) Act 2005](/view/html/repealed/current/act-2005-011) defines vehicle to mean any description of vehicle on wheels (including a light rail vehicle) but not including other vehicles used on railways or tramways. > > > > Workers Compensation Acts means the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) and the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086). > > > > Note— > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) In this Act: > > > > > (a) a reference to a function includes a reference to a power, authority and duty, and > > > > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. > > > (3) For the purposes of this Act: > > > > > (a) in the case of a motor vehicle that is registered, the owner is: > > > > > > > (i) each registered operator of the vehicle within the meaning of the [Road Transport (Vehicle Registration) Act 1997](/view/html/repealed/current/act-1997-119), unless the operator has sold or ceased to have possession of the vehicle, and > > > > > > > (ii) each person who, although not a registered operator of the vehicle, is a sole or joint owner of the vehicle, unless that person has sold or ceased to have possession of the vehicle, and > > > > > > > (iii) if any such registered operator or owner has sold or ceased to have possession of the vehicle—any person who solely or jointly or in common with any other person is entitled to the immediate possession of the vehicle, or > > > > > (b) in the case of a motor vehicle which is unregistered, the owner is any person who solely or jointly or in common with any other person is entitled to the immediate possession of the vehicle, or > > > > > (c) in the case of a motor vehicle to which a trader’s plate is fixed, the owner is the trader to whom the trader’s plate is issued. > > > (4) For the purposes of subsection (3), a person shall be taken not to have ceased to have possession or, as the case may be, not to have acquired possession of a motor vehicle where a change of possession occurs by way of: > > > > > (a) any hiring (not being a hiring under a hire-purchase agreement) or lending of the vehicle for a period not exceeding 3 months, or > > > > > (b) the passing of the possession of the vehicle to a bailee for the purpose of sale or disposal or for the purpose of alteration, repair, renovation, garaging, storing or other like purpose not involving the use of the motor vehicle for the benefit of the bailee. > > > (5) In the application of any provision of this Act to and in respect of a motor vehicle to which a trader’s plate is fixed (whether or not with the authority of the trader), a reference in any such provision to the owner shall be read as a reference to the trader, and a reference to the third-party policy in relation to that motor vehicle shall be read as a reference to the third-party policy in relation to motor vehicles to which the trader’s plate is fixed (whether or not with the authority of the trader). > > > (6) In this Act, a reference to the use or operation of a motor vehicle includes a reference to the maintenance or parking of the vehicle. > > > (6A) A reference in this Act to an Act that formed part of the road transport legislation (within the meaning of the [Road Transport (General) Act 2005](/view/html/repealed/current/act-2005-011)) immediately before the repeal or renaming of that Act by the [Road Transport Legislation (Repeal and Amendment) Act 2013](/view/html/repealed/current/act-2013-019) is to be read as a reference to that Act as in force immediately before its repeal or renaming. > > > (7) Notes in the text of this Act do not form part of this Act. > > **s 3:** Am 1989 No 47, Schs 1 (1), 2 (1); 1990 No 90, Sch 1 (1); 1995 No 66, Sch 1 \[2\]–\[5\]; 1996 No 128, Sch 2.2 \[1\] \[2\]; 1997 No 3, Sch 1 \[1\]–\[3\]; 1997 No 115, Sch 4.10 \[1\]; 1997 No 119, Sch 2.14 \[1\]–\[4\]; 1998 No 26, Sch 2.4 \[1\] \[2\]; 1998 No 85, Sch 2.8 \[1\]; 1999 No 4, Sch 2.21 \[1\] \[2\]; 1999 No 19, Sch 2.23 \[1\] \[3\]–\[6\]; 1999 No 41, Sch 3 \[2\]–\[5\]; 2004 No 106, Sch 2.2 \[1\] \[2\]; 2005 No 11, Sch 3.21 \[1\]–\[5\]; 2010 No 19, Sch 3.66 \[1\] \[2\]; 2013 No 19, Sch 4.44; 2015 No 19, Sch 15.10; 2018 No 28, Sch 1.22.