38Indemnification of the Commission for statutory benefits

38 Indemnification of the Commission for statutory benefits (1) A person (the indemnifier) is liable to indemnify the Commission for statutory benefits paid to another person in relation to death or injury arising from a motor accident if: (a) the motor accident was caused by, or arose from, the use of a motor vehicle registered in another jurisdiction; and (b) the indemnifier is: (i) a person who would, assuming this Act had never existed, have been liable in damages, in tort or contract, for the death or injury arising from the motor accident; or (ii) a person who is liable to indemnify such a person for that liability under an insurance contract or a statutory insurance scheme. Part 7 Miscellaneous matters Motor Accidents (Compensation) Act 1979 42 (2) A person (the indemnifier) is liable to indemnify the Commission for statutory benefits paid to another person in relation to death or injury arising from a motor accident if: (a) the motor accident was caused by, or arose from, the use of an unregistered motor vehicle on a public street or public place; and (b) the indemnifier is a person who would, assuming this Act had never existed, have been liable in damages, in tort or contract, for the death or injury arising from the accident. (3) A person (the indemnifier) is liable to indemnify the Commission for statutory benefits paid to another person in relation to death or injury arising from a motor accident if: (a) the indemnifier was the driver of the motor vehicle, or one of the motor vehicles involved in the accident; and (b) the indemnifier would, assuming this Act had never existed, have been liable in damages, in tort or contract, for the death or injury arising from the accident; and (c) the indemnifier has been convicted in the Territory or elsewhere of an offence arising from the indemnifier's conduct at the time of the accident; and (d) the offence involved: (i) intentionally, recklessly or otherwise wrongfully causing the death of, or injury to, another person; or (ii) driving while under the influence of alcohol or a drug; or (iii) driving with a concentration of alcohol: (A) in the breath of 0.08 grams or more per 210 litres of exhaled breath; or (B) in the blood of 0.08 grams or more per 100 millilitres of blood; or (iv) refusing or failing to submit to breath analysis, or to provide a sample of blood, when lawfully required to do so. Part 7 Miscellaneous matters Motor Accidents (Compensation) Act 1979 43 (4) A person (the indemnifier) is liable to indemnify the Commission for statutory benefits paid to another person in relation to death or injury arising from a motor accident if: (a) the indemnifier was the manufacturer or repairer of the motor vehicle, or one of the motor vehicles involved in the accident; and (b) a defect in the manufacture or repair of the motor vehicle caused or contributed to the accident; and (c) the indemnifier would, assuming this Act had never existed, have been liable in damages, in tort or contract, for the death or injury. (5) A person (the indemnifier) is liable to indemnify the Commission for statutory benefits paid to another person in relation to death or injury arising from a motor accident if: (a) the indemnifier is a person (other than the owner or driver of a motor vehicle involved in the motor accident) whose wrongful or negligent act or omission caused or contributed to the accident; and (b) the indemnifier would, assuming this Act had never existed, have been liable in damages, in tort or contract, for the death or injury; and (c) the indemnifier is not otherwise liable to indemnify the Commission under this section. (5A) A person (the indemnifier) is liable to indemnify the Commission for statutory benefits paid to another person in relation to death or injury arising from an accident involving a motor vehicle that was taking part in a motor sport event (as defined in section 10B) if the indemnifier: (a) was an organiser of the motor sport event, or the driver or owner of the motor vehicle involved in the accident; and (b) the indemnifier would, assuming this Act had never existed, have been liable in damages, in tort or contract, for the death or injury. (6) If, assuming an action in tort against the indemnifier: (a) the indemnifier would have been entitled to a proportionate reduction of liability on account of contributory negligence; or