135Compensation under this Division

135 Compensation under this Division (1) The Commission is liable to make payments under this Division in respect of a person to whom or in relation to whom this Division applies. (2) This Division applies to and in relation to— (a) a person resident in Victoria who sustained injuries that were, or whose death was, caused by or arose out of the use in Victoria of a motor car before the commencement of section 34; and (b) a person who sustained injuries that were, or whose death was, caused by or arose out of the use in Victoria before that commencement— (i) of a registered motor car; or (ii) of a motor car the identity of which cannot be established; and S. 135(2)(c) amended by No. 32/1988 s. 35. (c) a person who sustained injuries that were, or whose death was, caused by or arose out of the use in another State or in a Territory of a registered motor car on or after 15 December 1982 and before that commencement, if the person was the driver of or passenger in the motor car when the accident occurred. (3) This Division does not apply to or in relation to a person who is injured or dies as the result of an accident if, when the accident occurred the person— S. 135(3)(a) amended by No. 44/1989 s. 41(Sch. 2 item 42.7). (a) was in or on a railway train operated by the Public Transport Corporation and there was not in force at that time an agreement referred to in section 71 of the repealed Act relating to that railway train made between the Board and the Corporation; or S. 135(3)(b) amended by No. 44/1989 s. 41(Sch. 2 item 42.8). (b) was in or on a railway train operated by a person other than the Public Transport Corporation and there was not in force at that time an agreement referred to in section 72 of the repealed Act relating to that railway train made between the Board and that other person; or S. 135(3)(c) amended by No. 44/1989 s. 41(Sch. 2 item 42.9). (c) was in or on a tram or motor car operated by the Public Transport Corporation and there was not in force at that time an agreement referred to in section 73 of the repealed Act made between the Board and that Corporation; or S. 135(3)(d) amended by No. 44/1989 s. 41(Sch. 2 item 42.10). (d) was in or on a tram operated by a person other than the Public Transport Corporation and there was not in force at that time an agreement referred to in section 74 of the repealed Act relating to that tram made between the Board and that other person; or (e) was not a resident of Victoria and was in a motor car owned by the person— S. 135(3)(e)(i) amended by No. 6/2010 s. 203(1) item 46.3) (as amended by No. 45/2010 s. 22). (i) that was not registered in accordance with the **Motor Car Act 1958** or the **Transport (Compliance and Miscellaneous) Act 1983**; and (ii) that was required to be registered in another State or in a Territory or in any country outside Australia and was not so registered. (4) In this section ***registered motor car*** means— (a) a motor car— (i) that was registered in accordance with the **Motor Car Act 1958**; or (ii) was not so registered but was required to be so registered and was not exempt from the operation of all or any of the provisions of Part II of that Act; or (iii) in respect of which a permit granted under section 11A or 19 of that Act was in force; or S. 135(4)(b) amended by No. 6/2010 s. 203(1) item 46.4) (as amended by No. 45/2010 s. 22). (b) a recreation vehicle registered in accordance with the **Transport (Compliance and Miscellaneous) Act 1983**. S. 135(5) inserted by No. 54/2001 s. 37, amended by No. 6/2010 s. 203(1) item 46.5) (as amended by No. 45/2010 s. 22). (5) In this section ***Public Transport Corporation*** has the same meaning as ***former Corporation*** has in the **Transport (Compliance and Miscellaneous) Act 1983**.