152Definitions

152 Definitions

(1) In this Division and Division 3—

authorized insurer means a body corporate approved under the repealed Division as an authorized insurer at any time before the commencement of this section and includes the Commission as the successor in law of the body corporate so approved immediately before that commencement in its capacity as authorized insurer;

contract of insurance under the repealed Division means a contract of insurance with an authorized insurer and complying with the requirements of the repealed Division;

Incorporated Nominal Defendant means—

(a) the Incorporated Nominal Defendant appointed pursuant to section 53(1)(a) of the repealed Division and includes any Deputy Incorporated Nominal Defendant appointed pursuant to section 53(1)(aa) of the repealed Division and any nominal defendant named by the Minister pursuant to section 53(1)(c) of the repealed Division and the Commission as the successor in law of the Incorporated Nominal Defendant; or

(b) in relation to proceedings brought after the commencement of this section—the Commission;

policy of insurance includes a cover note which is binding on the insurer;

repealed Division means Division 1 of Part V of the Motor Car Act 1958 as in force at any time before the commencement of this section;

uninsured motor car means any motor car in relation to which the owner was required to enter into a contract of insurance under the repealed Division and in relation to which there was not in force a contract of insurance under the repealed Division.

S. 152(2) amended by No. 57/1989 s. 3(Sch. item 203.3(a)(b)).

(2) Any reference in this Division or Division 3 to an action brought or a judgment entered or obtained or a judgment creditor or judgment debtor or execution of a judgment includes a reference to a complaint laid, an order made by the Magistrates' Court, the person in whose favour the order is made, the person against whom the order is made and execution of such order.

(3) Without affecting the survival of any cause of action on the death of any person, in the case of the death of the owner or driver of a motor car—

(a) any reference in this Division to liability incurred by the owner or driver in respect of the death of or bodily injury to any person includes a reference to liability in respect of the death or bodily injury under any cause of action surviving against the estate of such owner or driver; and