Document ID: chunk:federal_register_of_legislation:C2017C00110:section:5
Version: federal_register_of_legislation:C2017C00110
Segment Type: section
Provision Reference: s 5
Character Range: 4584–6146

5  Conclusive presumption of agency in respect of driving of Commonwealth vehicles
 (1) In proceedings in which:
 (a) a claim is made against the Commonwealth or a Commonwealth authority for damages in respect of the death of, or personal injury to, a person caused by, or arising out of the use of, an uninsured motor vehicle owned by, or leased to, the Commonwealth or the Commonwealth authority; or
  (b) a claim is made by or against the Commonwealth or a Commonwealth authority for contribution in relation to liability of the Commonwealth or the Commonwealth authority for such damages;
the driver of the vehicle shall, for the purposes of that claim, be conclusively presumed to have been at all relevant times, with respect to the driving of the vehicle, the agent of the Commonwealth or the Commonwealth authority, as the case may be, acting within the scope of his or her authority.
 (1A) Subsection (1) does not apply if, at all relevant times:
 (a) the vehicle was registered; or
 (b) a motor vehicle licence was in force in respect of the vehicle;
under a law of a State or Territory.
 (2) Nothing in this section shall be taken to imply ratification by the Commonwealth or the Commonwealth authority of the acts of the driver of a vehicle.
 (3) This section extends to proceedings arising out of an occurrence that took place before the commencement of this Act but after the eighth day of September, One thousand nine hundred and fifty‑eight, whether the proceedings were instituted before, or are instituted after, the commencement of this Act.