Section 3.4 — Motor Accident Injuries Act 2017 (NSW)

(1) If the death of a person results from a motor accident, statutory benefits are payable for reasonable funeral expenses to—
(a) the legal personal representative of the deceased, or
(b) if there is no legal personal representative—the person who has paid or is liable to pay those expenses.
(2) If the usual place of residence of the deceased person was, at the time of the person’s death, in Australia, funeral expenses are to include the reasonable cost of transporting the body of the deceased to either of the following—
(a) what would, in the circumstances, be an appropriate place for its preparation for burial or cremation,
(b) that usual place of residence.
(3) If the usual place of residence of the deceased person was, at the time of the person’s death, in a country other than Australia, funeral expenses are to include the reasonable cost of transporting the body of the deceased to that country.
(4) A reference in this section to the death of a person includes a reference to the loss of a foetus of a pregnant woman, whether or not the pregnant woman died and regardless of the gestational age of the foetus.
(5) For the purposes of subsection (2) or (3), the usual place of residence of a foetus of a pregnant woman is taken to be the pregnant woman’s usual place of residence.

Related sections

• s 3.1 — Statutory benefits payable in respect of death or injury resulting from motor accident
• s 3.2 — Statutory benefits payable by relevant insurer
• s 3.3 — Determination of relevant insurer
• s 3.5 — Definitions
• s 3.6 — Weekly payments during first entitlement period (first 13 weeks after motor accident)
• s 3.7 — Weekly payments during second entitlement period (weeks 14–78 after motor accident)

Research how courts apply s 3.4

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.