Vehicle and Traffic Amendment (Written-off Vehicles) Act 2013

Vehicle and Traffic Amendment (Written-off Vehicles) Act 2013

An Act to amend the Vehicle and Traffic Act 1999

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Vehicle and Traffic Amendment (Written-off Vehicles) Act 2013 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Vehicle and Traffic Act 1999 is referred to as the Principal Act.

4.    Section 3A amended (Repairable and statutory write-offs)

Section 3A of the Principal Act is amended as follows:

(a) by omitting the definition of statutory write-off from subsection (1) and substituting the following definitions:

statutory write-off means a vehicle that –

(a) has been assessed by a prescribed person in Tasmania, another State or a Territory as a total loss; and

(b) has been assessed by a prescribed person in Tasmania, another State or a Territory as only suitable for dismantling and processing as scrap; and

(c) has been assessed and classified, or deemed, to be a statutory write-off in accordance with the Technical Guide by a prescribed person in Tasmania, another State or a Territory;

Technical Guide means the Damage Assessment Criteria for the Classification of Statutory Write-Offs approved by Austroads Ltd (ABN 16 245 787 323) on 25 May 2011, as amended or substituted from time to time.

(b) by omitting from subsection (2) "or a statutory write-off";

(c) by inserting the following subsection after subsection (2) :

(3)  For the avoidance of doubt, it is declared that if a damaged vehicle has been assessed as a repairable write-off before the commencement of the Vehicle and Traffic Amendment (Written-off Vehicles) Act 2013  –

(a) that assessment continues to have effect after that commencement; and

(b) that vehicle, as so damaged, may not be reassessed as a statutory write-off after that commencement.

5.   Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 9 APRIL 2013

Legislative Council on 30 MAY 2013]