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AmendmentAct

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A-" ---------------------------,.------------------ -<br />

b<br />

J<br />

5/2/2012<br />

•<br />

Amendment of section 12<br />

16. Section 12 of the principal Act is amended by-<br />

(a)<br />

replacing the chapeau to subsection (1) with the following-<br />

" The SMV A Fund shall not pay a benefit to a claimant under section 10 for<br />

any loss or damage-";<br />

(b)<br />

(c)<br />

deleting the words "third party" where they occur in subsection (1) (b) and<br />

replacing them with the word "person";<br />

inserting the following new paragraphs (d), (e), (f) and(g)<br />

"(d)<br />

where the claimant has entered into an agreement with any person other<br />

than the one referred to in paragraph (c) in accordance with which the<br />

claimant has undertaken to pay such person after settlement of the claim-<br />

(i)<br />

a portion of the benefits in respect of the claim; or<br />

(ii)<br />

any amount in respect of an investigation or of a service rendered<br />

in respect of the handling of the claim otherwise than on<br />

instruction from the person contemplated in paragraph (c);<br />

(e)<br />

suffered as a result of bodily injury to any person who-<br />

(i)<br />

unreasonably refuses or fails to subject himself, at the request and<br />

cost of the SMVA Fund, to any medical examination or<br />

examinations by medical practitioners designated by the SMVA<br />

Fund;<br />

42.

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