Accident Compensation Amendment Act 1973
Accident Compensation Amendment Act 1973
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Accident Compensation Amendment Act 1973
Accident Compensation Amendment Act 1973
Public Act |
1973 No 112 |
|
Date of assent |
23 November 1973 |
|
Contents
An Act to amend the Accident Compensation Act 1972
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Accident Compensation Amendment Act 1973, and shall be read together with and deemed part of the Accident Compensation Act 1972 (hereinafter referred to as the principal Act).
(2)
This Act shall be deemed to have come into force on the 1st day of June 1973.
2 Interpretation
Section 2 of the principal Act is hereby amended by inserting in subsection (1), in their appropriate alphabetical order, the following definitions:
“‘Owner’, in relation to a motor vehicle, has the meaning specified in section 2 of the Transport Act 1962 (as substituted by section 2(1) of the Transport Amendment Act 1972):
“‘Trade licence’ has the meaning specified in the said section 2 of the Transport Act 1962:
“‘Trade plates’ has the meaning specified in the said section 2 of the Transport Act 1962:”.
3 Levies on motor vehicles
The principal Act is hereby amended by repealing section 98, and substituting the following section:
“98
“(1)
A levy at the rate prescribed under section 99 of this Act shall be payable in respect of—
“(a)
Every motor vehicle which is required to be registered and licensed under Part II of the Transport Act 1962:
“(b)
Any motor vehicle or motor vehicles which may be used in accordance with and under the authority of section 22 of the Transport Act 1962, as substituted by section 5 of the Transport Amendment Act 1971:
“(c)
Every motor vehicle to which section 93 of this Act applies, being a motor vehicle in New Zealand of a visitor to New Zealand.
“(2)
In the case of a motor vehicle or motor vehicles to which paragraph (a) or paragraph (b) of subsection (1) of this section applies, the levy shall be payable to any Deputy Registrar of Motor Vehicles in respect of each licensing year (as defined in section 6 of the Transport Act 1962) which commences on or after the 1st day of July 1973.
“(3)
In the case of a motor vehicle to which paragraph (a) of subsection (1) of this section applies, the levy shall be paid by the owner of the motor vehicle and shall accompany the application made under section 12 of the Transport Act 1962 for an annual licence for the vehicle.
“(4)
In the case of a motor vehicle to which paragraph (b) of subsection (1) of this section applies, the levy shall accompany the application for a trade licence in respect of any set of trade plates for use in a specified licensing year in accordance with section 22 of the Transport Act 1962, and shall be paid by the person to whom or the Government Department to which that trade licence is issued.
“(5)
In the case of a motor vehicle to which paragraph (c) of subsection (1) of this section applies, the levy shall be payable by the owner of the vehicle to any Deputy Registrar of Motor Vehicles in respect of each licensing year (being a licensing year commencing on or after the 1st day of July 1973) in the course of which the vehicle is in New Zealand and is, as mentioned in paragraph (a) of section 93 of this Act, exempt from registration and licensing, and shall be paid forthwith upon the arrival of the vehicle in New Zealand or before the commencement of each such licensing year as the case may be.”
4 Rates of levies on motor vehicles
Section 99 of the principal Act is hereby amended by adding the following subsections:
“(6)
Where, in the case of a motor vehicle to which section 93 of this Act applies, that vehicle has been or is about to be removed from New Zealand, and the Commission, on application in writing made to it by the owner of the vehicle, is satisfied, upon such evidence as it requires, that the vehicle has been or is about to be permanently removed from New Zealand and of the date of the removal or intended removal, the Commission shall refund to the owner a sum equal to one-twelfth part of the amount of the levy in respect of the vehicle prescribed pursuant to this section for every complete month between the date of the removal or intended removal (as established to the satisfaction of the Commission) and the end of the licensing year in respect of which the levy is paid.
“(7)
Where—
“(a)
In the course of a licensing year a motor vehicle is used for a purpose different from that indicated by the annual licence issued in respect of the vehicle; or
“(b)
A motor vehicle to which section 93 of this Act applies is destroyed or becomes permanently useless as a motor vehicle while in New Zealand,—
the Commission may make an appropriate proportionate adjustment or refund in respect of the levy.”
5 Transitional provisions in respect of levies on motor vehicles
(1)
In this section—
“Transitional licensing year” means the licensing year (as defined in section 6 of the Transport Act 1962) commencing on the 1st day of July 1973:
“Levy” means a levy payable pursuant to section 98 of the principal Act.
(2)
Nothing in subsections (3), (4), and (6) of section 99 of the principal Act shall apply to any levy payable in respect of the transitional licensing year.
(3)
In any case where a levy in respect of the transitional licensing year becomes payable on or after the 1st day of May 1974, the levy as prescribed pursuant to section 99 of the principal Act shall be reduced by one-third thereof for every complete month during the period commencing on the 1st day of April 1974 and ending with the 30th day of June 1974 which has elapsed before the levy becomes payable.
(4)
In any case where a levy is payable in respect of the transitional licensing year and the registration of the motor vehicle in respect of which the levy is payable is cancelled pursuant to section 19 of the Transport Act 1962, the Commission shall, on application in writing made to it by the owner of the vehicle and on being satisfied that the registration of the motor vehicle has been cancelled as aforesaid, refund to the owner a sum equal to one-third part of the amount of the levy as prescribed pursuant to section 99 of the principal Act in respect of the vehicle for every complete month of the period of 3 months, commencing on the 1st day of April 1974, which falls between the date on which the application was received by the Commission and the end of the transitional licensing year.
(5)
Where, in the case of a motor vehicle to which section 93 of this Act applies, a levy has been paid in respect of the transitional licensing year, if that vehicle has been or is about to be removed from New Zealand, and the Commission, on application in writing made to it by the owner of the vehicle, is satisfied, upon such evidence as it requires, that the vehicle has been or is about to be permanently removed from New Zealand and of the date of the removal or intended removal, the Commission shall refund to the owner a sum equal to one-third part of the amount of the levy as prescribed pursuant to section 99 of the principal Act in respect of the vehicle for every complete month of the period of 3 months, commencing on the 1st day of April 1974, which falls between the date of the removal or intended removal (as so established) and the end of the transitional licensing year.
This Act is administered in the Department of Labour.
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Versions
Accident Compensation Amendment Act 1973
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