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Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) Regulation 1974

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 296.

Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) Regulation 1974

ARRANGEMENT OF SECTIONS.

Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) Regulation 1974

MADE under the Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) Act 1974.

Dated                   200 .

1. METHOD OF APPOINTMENT OF ASSESSORS.

An assessor shall be appointed by instrument under the hand of the assessment officer conducting the inquiry in relation to which the appointment is made.

2. FUNCTIONS OF ASSESSORS.

Without limiting the right of an assessment officer to make a direction as to the functions and duties of an assessor appointed by him, the functions and duties of an assessor may include the making of inquiries and the conducting of investigations concerning–

(a) the details of the site of the accident the subject of the inquiry (including, where necessary, the making of an inspection of the site); and

(b) the dependant or dependants (if any) of the deceased in relation to whom the inquiry is being conducted; and

(c) any account or report given or made by a person who was a witness to the accident in relation to which the inquiry is being conducted.

3. REQUEST TO CONDUCT INQUIRY.

A request under Section 8(1)(b) of the Act may be oral or written.

4. REPORT ON PROGRESS OF INQUIRY.

Where an assessment officer is required to furnish a report under Section 8(2) of the Act, he shall forward the report to the Minister within 21 days after receiving the request to conduct an inquiry.

5. RECORD OF INQUIRY.

(1) An assessment officer shall prepare a record of any inquiry conducted by him.

(2) A record of inquiry under Subsection (1) shall be in Form 1.

(3) A record of inquiry under Subsection (1), together with a copy of any award made on the inquiry, shall be lodged with the District Court for the area in which the inquiry was conducted, and shall be entered in the record of that Court.

6. TRANSFER OF PROCEEDINGS.

Where an assessment officer transfers an inquiry to some other assessment officer he shall, at the same time, furnish that other assessment officer with–

(a) a summary of the evidence taken by him in the matter; and

(b) the reports (if any) given to him by any assessor.

7. PAYMENT OF COMPENSATION.

Where an award of compensation has been made, the person liable to make the payment must, within seven days after the date of service on him, under Section 21 of the Act, of a copy of the award, deposit the whole of the moneys payable under the award with the District Court specified in Section 5(3) for payment by that District Court to the entitled person or entitled persons.

Penalty: A fine not exceeding K500.00.

8. AWARD OF COMPENSATION.

An award of compensation shall be in Form 2.

SCHEDULE 1

PAPUA NEW GUINEA.

Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) Act 1974.

Form 1 – RECORD OF INQUIRY.

Reg., Sec. 5. Form 1.

PAPUA NEW GUINEA.

Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) Act 1974.

Form 2 – AWARD OF COMPENSATION.

Reg., Sec. 8. Form 2.

Office of Legislative Counsel, PNG