6Commission to indemnify certain persons

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