(b) of an offence under section 49(1)(a) of the S. 102(2)(b) Road Safety Act 1986 or under a law that is, amended by Nos 127/1986 in relation to that Act, a corresponding law— s. 102(Sch. 4 item 29.17), 84/1994 s. 29. any sum (including costs) paid by the Commission in discharge of the liability of the owner or driver in respect of the death or injury is recoverable by the Commission from the driver. 103 Agreements by next friends etc. S. 103 amended by No. 32/1988 If a minor or a person under a legal disability is or s. 23. appears to be entitled to recover damages for bodily injury caused by or arising out of the use of a motor car, section 168 applies as if a reference in that section to a motor car included a reference to a motor vehicle, a railway train or a tram. Division 3—General 104 Indemnity by third party (1) If an injury or death arising out of a transport S. 104(1) amended by accident in respect of which the Commission has Nos 84/1994 made payments under this Act arose under s. 42(1)(a)–(c), 34/1998 circumstances which, regardless of section 93, s. 15(1)(a)(b), would have created a legal liability in Victoria or 94/2004 s. 31(a). elsewhere in a person (other than a person who is entitled to be indemnified under section 94) to pay damages in respect of any loss suffered by reason of the injury or death, the Commission is entitled to be indemnified by the first-mentioned person for such proportion of the amount of the liability of the Commission to make payments under this Act in respect of the injury or death as is appropriate to the degree to which the injury or death was attributable to the act, default or negligence of the first-mentioned person.
S. 102(2)(b) amended by Nos 127/1986 s. 102(Sch. 4 item 29.17), 84/1994 s. 29. (b) of an offence under section 49(1)(a) of the Road Safety Act 1986 or under a law that is, in relation to that Act, a corresponding law— any sum (including costs) paid by the Commission in discharge of the liability of the owner or driver in respect of the death or injury is recoverable by the Commission from the driver. S. 103 amended by No. 32/1988 s. 23. 103 Agreements by next friends etc. If a minor or a person under a legal disability is or appears to be entitled to recover damages for bodily injury caused by or arising out of the use of a motor car, section 168 applies as if a reference in that section to a motor car included a reference to a motor vehicle, a railway train or a tram. Division 3—General 104 Indemnity by third party S. 104(1) amended by Nos 84/1994 s. 42(1)(a)–(c), 34/1998 s. 15(1)(a)(b), 94/2004 s. 31(a). (1) If an injury or death arising out of a transport accident in respect of which the Commission has made payments under this Act arose under circumstances which, regardless of section 93, would have created a legal liability in Victoria or elsewhere in a person (other than a person who is entitled to be indemnified under section 94) to pay damages in respect of any loss suffered by reason of the injury or death, the Commission is entitled to be indemnified by the first-mentioned person for such proportion of the amount of the liability of the Commission to make payments under this Act in respect of the injury or death as is appropriate to the degree to which the injury or death was attributable to the act, default or negligence of the first-mentioned person.
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