28BRecovery by Board of scheduled benefits

28B Recovery by Board of scheduled benefits

[Section 28B Inserted by No. 49 of 1997, s. 17, Applied:01 Dec 1997]

(1)  In this section,

scheduled benefits includes payments by the Board in respect of its legal costs which are properly and reasonably incurred and which relate to, or are incidental to, the payment of the scheduled benefits including, but not limited to –

(a) a reference of any matter to the Tribunal; and

(b) any legal proceedings relating to the payment of the scheduled benefits.

(2)  The Board may recover from the person who owned a motor vehicle at the time that motor vehicle was involved in a motor accident resulting in personal injury scheduled benefits paid to that person or any other person in respect of that personal injury if –

(a) [Section 28B Subsection (2) amended by No. 20 of 2002, s. 16, Applied:01 Aug 2002] that motor vehicle was not a trailer of a kind prescribed for the purposes of section 29(1AA) ; and

(ab) [Section 28B Subsection (2) amended by No. 20 of 2002, s. 16, Applied:01 Aug 2002] that motor vehicle was not a permitted out-of-State vehicle in respect of which a third party insurance policy was then in force; and

(b) [Section 28B Subsection (2) amended by No. 55 of 2013, s. 9, Applied:19 Nov 2013] [Section 28B Subsection (2) amended by No. 55 of 2013, s. 9, Applied:19 Nov 2013] at the time of the motor accident a premium or interstate premium for the use of that motor vehicle had not been paid or a premium or interstate premium for the use of that motor vehicle in the circumstances or under the conditions in which the motor accident occurred had not been paid.

(3)  Subsection (2) does not apply if it is shown that the motor vehicle was being used without the owner's consent or acquiescence.