3Terms used

##### 3. Terms used (1) In this Act, unless the context requires otherwise — assessed treatment, care and support needs has the meaning given in the MVWA(CI) Act section 18(2); catastrophic injury has the meaning given in the MVWA(CI) Act section 3(1); CISS means the scheme provided for in the MVWA(CI) Act for the lifetime care and support of certain people catastrophically injured in motor vehicle accidents and workplace accidents; Commission means the body continued as the Insurance Commission of Western Australia under the *Insurance Commission of Western Australia Act 1986*; contract of insurance means a contract of insurance with the Commission and complying with the requirements of this Act; Director General means the CEO as defined in the *Road Traffic (Administration) Act 2008* section 4; District Court means The District Court of Western Australia established under the *District Court of Western Australia Act 1969*; driver in relation to a motor vehicle includes any person who is in charge of the motor vehicle; Fund means the Third Party Insurance Fund established under section 16 of the *Insurance Commission of Western Australia Act 1986*; insured person means the owner of a motor vehicle in respect of which a policy of insurance is in force under this Act, and the driver at the material time whether with or without the consent of the owner; Minister means the Minister for the time being charged by the Governor with the administration of this Act; motor vehicle means any vehicle propelled by gas, oil, electricity or any other motive power, not being animal power, required to be licensed, and complying with the requirements necessary for licensing, under the Vehicles Act and includes a caravan, trailer or semi‑trailer drawn or hauled by a motor vehicle; MVWA(CI) Act means the *Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016*; owner when used in relation to a motor vehicle which is the subject of a hire purchase agreement means the person in possession of that vehicle under that agreement; and when used in relation to a motor vehicle which is the subject of a hiring agreement (other than a hire purchase agreement) includes any persons who have hired the vehicle under that hiring agreement. Save as aforesaid the term owner means and includes every person who is the owner or part owner or joint owner of a motor vehicle, but does not include the grantee under a Bill of Sale by way of security granted in respect of a motor vehicle except when such grantee takes possession of the motor vehicle under the authority of and by way of enforcing his rights as grantee under such Bill of Sale; policy of insurance includes a cover note and/or certificate of insurance which is binding on the insurer; uninsured motor vehicle means any motor vehicle in relation to which there is required to be in force a contract of insurance entered into by the owner of the motor vehicle under this Act and in relation to which there is not existing and in force a contract of insurance under this Act: The expression does not include a motor vehicle owned by the Commonwealth or any Commonwealth instrumentality; Vehicles Act means the *Road Traffic (Vehicles) Act 2012*. (2) Any reference in this Act to action brought or a judgment entered or obtained or a judgment creditor or judgment debtor or execution of a judgment shall (where the case so requires) include a reference to a prosecution commenced, an order made by a court, the person in whose favour the order is made, the person against whom the order is made and distress levied upon such order. (3) This Act shall not render it obligatory to insure any motor vehicle owned by the Crown in right either of the Commonwealth or of the State and used solely in the public business of the Commonwealth or of the State as the case may be. (3A) Despite subsection (3), in relation to any motor vehicle which is owned by the Crown in right of the State and is not insured, the Crown shall be under the same liabilities and have the same rights as an insurer if such insurer had issued to the Crown a policy of insurance complying with this Act in relation to the use of that vehicle. (4) It shall not be necessary for the owner of any motor vehicle which is temporarily in this State and which is licensed or registered in any other State or territory of the Commonwealth prescribed by the Governor as hereinafter provided to insure under this Act, if while the motor vehicle is in this State the owner and any driver of such motor vehicle whilst that motor vehicle is on a road are insured under a contract of insurance in accordance with the law of such other State or territory against liability which may be incurred by such owner or driver in respect of the death of or bodily injury to any person directly caused by, or by the driving of, such motor vehicle in this State, whether caused on or off a road. (4B) The Governor may by order in council prescribe for the purposes of subsection (4) any State or territory of the Commonwealth in which the Governor is satisfied there is in operation legislation for the carrying out of objects substantially similar to the objects of this Act. (5) So far as relates to motor vehicles for which licences under the Vehicles Act are not in force and which are in the possession or under the control of any manufacturer of or dealer in motor vehicles to whom a general identification disc or tablet has been assigned under section 26 of the Act, the provisions of this Act shall, with such adaptations as are necessary, extend and apply in all respects as if such manufacturer or dealer were the owner of every such motor vehicle, and the application of a manufacturer or dealer for the assignment to him of a general identification disc or tablet aforesaid shall for the purposes of this Act be deemed to be an application for a licence in respect of one motor vehicle of every different class of motor vehicle in the possession or under the control of the applicant for which such general identification disc or tablet is required by the applicant. (6) This Act shall cease to have any effect in relation to any motor vehicle which is commandeered, requisitioned, or used for any military or defence purposes under any law of the Commonwealth or any regulation made or any proclamation issued under any such law. (7) For the purposes of this Act, the death of or bodily injury to any person shall not be taken to have been caused by a vehicle if it is not a consequence of the driving of that vehicle or of the vehicle running out of control. [Section 3 amended: No. 40 of 1944 s. 2; No. 7 of 1945 s. 2; No. 31 of 1948 s. 3 and 5; No. 18 of 1959 s. 3; No. 31 of 1960 s. 2; No. 72 of 1962 s. 2; No. 71 of 1963 s. 2; No. 95 of 1966 s. 4; No. 21 of 1969 s. 2; No. 19 of 1970 s. 2; No. 44 of 1971 s. 2; No. 42 of 1972 s. 4; No. 58 of 1974 s. 28; No. 55 of 1975 s. 2; No. 106 of 1981 s. 9; No. 81 of 1982 s. 3; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 5 and 14; No. 13 of 1994 s. 6; No. 45 of 1996 s. 38; No. 76 of 1996 s. 37; No. 7 of 2002 s. 16; No. 84 of 2004 s. 80; No. 19 of 2010 s. 51; No. 8 of 2012 s. 137 and 141; No. 8 of 2016 s. 44; No. 21 of 2023 s. 679.]