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Motor Accidents (Compensation) Act 1979
6Commission to indemnify certain persons
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6 Commission to indemnify certain persons
(1) Subject to subsections (2) and (3), the Commission must indemnify
the owner or driver of a Territory motor vehicle for any relevant
liability incurred in respect of the death of, or injury to, a person
arising from a motor accident caused by, or arising out the use of,
the motor vehicle outside the Territory but within Australia.
(2) The Commission is not bound to indemnify a person under
subsection (1) where that person is already indemnified under any
contract of insurance or under the law applicable in the place where
the accident occurred.
Part 3 Entitlement to benefits
Motor Accidents (Compensation) Act 1979 8
(3) A relevant liability is:
(a) a liability for damages (but not for exemplary or punitive
damages); or
(b) if the death or injury is compensated under a statutory scheme
and the owner or driver is liable to the administrator of the
statutory scheme – the liability to the administrator of the
statutory scheme.
(4) A person who is entitled to be indemnified under subsection (1)
must co-operate with the Commission in respect of any action for
damages in respect of the accident.
(5) Without limiting subsection (4), the person must provide any
information that the Commission may reasonably require and
attend to any matter that is reasonably incidental to the defence of
any action for damages in respect of the accident.
(6) If a person fails to comply with obligations under subsection (4)
or (5) and the Commission incurs expense or suffers other
prejudice in consequence of the failure, the Commission may
recover compensation from the person for the expense or other
prejudice, as a debt, by action in a court of competent jurisdiction.
Part 3 Entitlement to benefits