Motor Accident Insurance Act 1994 (Qld)

Motor Accident Insurance Act 1994

An Act to provide for a compulsory third-party insurance scheme covering liability for personal injury arising out of motor vehicle accidents, and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Motor Accident Insurance Act 1994.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Objects

The objects of this Act are—

(a)to continue and improve the system of compulsory third-party motor vehicle insurance (CTP insurance), and the scheme of statutory insurance for uninsured and unidentified vehicles, operating in Queensland; and

(b)to establish a basis for assessing the affordability of CTP insurance; and

(c)to keep the costs of CTP insurance at a level the average motorist can afford; and

(d)to promote competition in the setting of premiums for CTP insurance; and

(e)to provide for the licensing and supervision of insurers providing CTP insurance under CTP insurance policies; and

(f)to encourage licensed insurers to act in a way that supports the integrity of, and public confidence in, the statutory insurance scheme; and

(g)to encourage the speedy resolution of personal injury claims resulting from motor vehicle accidents; and

(h)to promote and encourage, as far as practicable, the rehabilitation of claimants who sustain personal injury because of motor vehicle accidents; and

(i)to establish and keep a register of claims to help the administration of the statutory insurance scheme and the detection of fraud; and

(j)to promote measures directed at eliminating or reducing causes of motor vehicle accidents and mitigating their results; and

(k)to establish measures directed at eliminating or reducing the practice of giving or receiving consideration for a claim referral or potential claim referral, or soliciting or inducing a claimant to make a claim, in contravention of this Act.

4   Definitions

In this Act—

act of terrorism see section 4B.

administration fee means the fee payable to transport administration for work done in the administration of the statutory insurance scheme.

affected person, in relation to a decision, for part 5A, see section 81.

affordability index means 45% of Queensland full-time adult persons ordinary time earnings declared by the Australian Statistician in the original series of the statistician’s average weekly earnings publication most recently published.

agricultural machine means an agricultural machine for which registration is required under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021.

assessment period see section 13(2).

associate, of a law practice, see the Legal Profession Act 2007, section 7(1).

associated person, for an investigated person, for part 5B, see section 87ZA.

authorised person, for part 5A, see section 81.

average weekly earnings, for a financial year, means the amount of Queensland full-time adult persons ordinary time earnings declared by the Australian Statistician in the original series of the statistician’s average weekly earnings publication most recently published before the start of the financial year.

barrister see the Legal Profession Act 2007, schedule 2.

claim means a claim for damages based on a liability for personal injury arising out of a motor vehicle accident and, for a fatal injury, includes a claim on behalf of the deceased’s dependants or estate.

claimant means a person by whom, or on whose behalf, a claim is made.

Examples of claimants—

1An attorney acts under an enduring power of attorney under the Powers of Attorney Act 1998 for a person injured in a motor vehicle accident. In this case, both the attorney (in the attorney's representative capacity) and the person for whom the attorney acts are regarded as claimants.

2A guardian or an administrator acts under the Guardianship and Administration Act 2000 for a person injured in a motor vehicle accident. In this case, the guardian or administrator (in his or her representative capacity) and the injured person are regarded as claimants.

class—

(a)of CTP insurance (or CTP insurance policies)—means CTP insurance (or CTP insurance policies) for a particular class of motor vehicles; or

(b)of motor vehicles—means a class of motor vehicles created by classification under a regulation.

commission means the Motor Accident Insurance Commission.

commissioner means the insurance commissioner.

compulsory conference see section 51A(1).

costs—

(a)when used in reference to legal costs, includes disbursements; and

(b)when used in reference to the costs of an insurer on a claim, includes—

(i)the amount paid out by the insurer on the claim to the claimant or for the claimant’s benefit, including—

(A)the cost to the insurer of providing rehabilitation services in connection with the claim; and

(B)the cost to the insurer of paying private hospital, medical and pharmaceutical expenses in connection with the claim; and

(ii)the cost to the insurer of investigating the claim and of litigation related to the claim (but not the insurer’s general administration costs).

costs statement see section 51B(6)(e).

court, in relation to a claim, means—

(a)if a proceeding based on the claim has been brought—the court hearing the proceeding; or

(b)if no proceeding based on the claim has been brought—a court with jurisdiction to hear the claim.

criminal history, of a person, means the record of offences of which the person has been convicted in Queensland or elsewhere before or after the commencement of this Act.

CTP is an abbreviation of ‘compulsory third-party’.

CTP insurance see section 3(a).

CTP insurance policy means—

(a)a policy of insurance under this Act for a motor vehicle insuring against liability for personal injury caused by, through or in connection with the motor vehicle; or

(b)a policy of insurance, or a statutory indemnification, for a motor vehicle registered under the law of another State or a Territory, providing insurance, or indemnifying against liability, for personal injury caused by, through or in connection with the vehicle anywhere in Australia.

declared costs limit means the amount fixed by the Minister under section 100A as the declared costs limit.

decision notice, for part 5A, see section 87SD(1).

electronic document ...

eligible person means a person who, under the National Injury Act, section 12, is eligible to participate in the injury insurance scheme.

expression of regret ...

former Act means the Motor Vehicles Insurance Act 1936.

GST means the tax payable under the GST law.

GST law means—

(a)A New Tax System (Goods and Services Tax) Act 1999 (Cwlth); and

(b)the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services.

GVM means gross vehicle mass.

identity card, for part 5A, see section 81.

industry deed means an agreement, in the form approved by regulation, between the commission, transport administration, the Nominal Defendant and licensed insurers regulating the conduct of CTP insurance business and matters incidental to—

(a)the conduct of the business; or

(b)the statutory insurance scheme.

Note—

For a statement of the subjects that may be covered by the industry deed, see section 65.

information notice, for an original decision, for part 5A, see section 81.

injured person means a person who suffers personal injury because of a motor vehicle accident.

injury insurance scheme means the national injury insurance scheme, Queensland established under the National Injury Act, chapter 2.

injury insurance scheme levy means the levy under the National Injury Act.

insurance agency means the National Injury Insurance Agency, Queensland established under the National Injury Act.

insurance premium means the gross premium for a CTP insurance policy (including levies and administration fee).

insured motor vehicle means a motor vehicle for which a CTP insurance policy is in force.

insured person means—

(a)a person who is insured under a CTP insurance policy or, if the person is dead, the person’s personal representative; or

(b)a person whose wrongful act or omission causes personal injury for which an action lies against the Nominal Defendant under this Act or, if the person is dead, the person’s personal representative.

insurer’s premium means an insurer’s consideration for providing insurance under a CTP insurance policy.

internal review, of an original decision, for part 5A, see section 87SA(1).

internal review decision, for part 5A, see section 81.

investigated person, for part 5B, see section 87ZA.

investigator, for part 5B, see section 87ZA.

law practice see the Legal Profession Act 2007, schedule 2.

law practice certificate see section 36B(1).

licence means a licence under part 5.

licensed insurer means an insurer that holds a licence, other than an insurer whose licence is under suspension.

lower offer limit means the amount fixed by the Minister under section 100A as the lower offer limit.

mandatory final offer see section 51C(2).

mobile machinery has the meaning given by the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021.

mobile machinery or equipment ...

motor vehicle means a vehicle for which registration is required under the Transport Operations (Road Use Management) Act 1995 and includes a trailer.

motor vehicle accident means an incident from which a liability for personal injury arises that is covered by insurance under the statutory insurance scheme.

motor vehicle accident claim ...

National Injury Act means the National Injury Insurance Scheme (Queensland) Act 2016.

non-medicinal drug means a drug other than one genuinely and lawfully consumed for medical or therapeutic purposes.

notice, for part 5A, see section 81.

occupier, of a place, for part 5A, see section 81.

of, a place, for part 5A, see section 81.

offence warning, for a requirement by an authorised person, for part 5A, see section 81.

officer has the same meaning as in the Corporations Act.

official panel of medical experts see section 45A(1)(a).

original decision, for part 5A, see section 81.

owner, of a thing that has been seized under part 5A, see section 81.

participant, in the injury insurance scheme, see the National Injury Act, section 14(1).

personal injury includes—

(a)fatal injury; and

(b)prenatal injury; and

(c)damage to spectacles, contact lenses, dentures, hearing aids, crutches, wheelchairs, artificial limbs and prosthetic devices.

person in control, of a thing, for part 5A, see section 81.

place, for part 5A, see section 81.

premises, for part 5A, see section 81.

principal, of a law practice, see the Legal Profession Act 2007, section 7(4).

public place—

(a)generally, has the meaning given by the Transport Operations (Road Use Management) Act 1995; and

(b)for part 5A, see section 81.

reasonably believes means believes on grounds that are reasonable in the circumstances.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

re-assessed period ...

registered operator, of a motor vehicle, means a person recorded in the details of the registration of the vehicle as the registered operator or as the owner of the motor vehicle.

registration, of a motor vehicle, includes a permit, plate or other authorisation under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 permitting a motor vehicle to be used on a road without registration but does not include an authorisation under section 14 of that regulation.

rehabilitation means the use of medical, psychological, physical, social, educational and vocational measures (individually or in combination)—

(a)to restore, as far as reasonably possible, physical or mental functions lost or impaired through personal injury; and

(b)to optimise, as far as reasonably possible, the quality of life of a person who suffers the loss or impairment of physical or mental functions through personal injury.

related body corporate, for an insurer, has the meaning given by the Corporations Act.

road has the meaning given by the Transport Operations (Road Use Management) Act 1995.

self-insurer means—

(a)the Commonwealth; or

(b)a State (other than Queensland) or a Territory that does not have its motor vehicles insured under CTP insurance policies.

serious personal injury see the National Injury Act, schedule 1.

share of the market for CTP insurance business means a percentage, calculated by the commission under principles prescribed by regulation, representing the proportion that an insurer’s share of total CTP insurance premiums bears to the total premiums for CTP insurance policies of classes specified by regulation.

statutory insurance scheme means the insurance scheme established by this Act.

trailer means a vehicle without motive power designed to be hauled by a motor vehicle.

supervising principal, of a law practice in relation to a claim, means the principal of the law practice who has the primary responsibility for the conduct of the claim.

transport administration means—

(a)the chief executive of the department within which the Transport Planning and Coordination Act 1994 is administered; or

(b)a person who is, by delegation or direction of the chief executive, responsible for carrying out functions relevant to the administration of the statutory insurance scheme.

treatment, care and support needs, of a person, see the National Injury Act, section 8.

uninsured motor vehicle means a motor vehicle for which there is no CTP insurance policy in force, other than a motor vehicle owned by a self-insurer or a trailer.

upper offer limit means the amount fixed by the Minister under section 100A as the upper offer limit.

vehicle, for part 5A, see section 81.

wrongful act or omission includes a negligent act or omission.

4A   References to insurer’s premium, a fee or costs

A reference in this Act to an insurer’s premium, a fee or costs extends to any related charge (whether treated as a component of the premium, fee or costs or separately identified) to reimburse or offset the liability of the person to whom the premium, fee or costs are payable for GST.

4B   Meaning of act of terrorism

(1)An act of terrorism is an act done or threat made by a person—

(a)for an ethnic, ideological, political, religious or similar purpose; and

(b)with the intention to—

(i)cause personal injury or damage to property; and

(ii)influence a government or put the public, or a section of the public, in fear.

(2)It does not matter whether the person is acting alone or with others or in connection with an organisation or government.

(3)To decide whether the act was done or the threat was made for a purpose or with an intention mentioned in subsection (1), regard may be had to the nature of the act or threat and the context in which the act was done or the threat was made.

5   Application of this Act

(1)This Act applies to personal injury caused by, through or in connection with a motor vehicle if, and only if, the injury—

(a)is a result of—

(i)the driving of the motor vehicle; or

(ii)a collision, or action taken to avoid a collision, with the motor vehicle; or

(iii)the motor vehicle running out of control; or

(iv)a defect in the motor vehicle causing loss of control of the vehicle while it is being driven; and

(b)is caused, wholly or partly, by a wrongful act or omission in respect of the motor vehicle by a person other than the injured person.

(2)For an uninsured motor vehicle, subsection (1) applies only if the motor vehicle accident out of which the personal injury arises happens on a road or in a public place.

(3)However, this Act does not apply to personal injury caused by, through or in connection with—

(a)a tractor, backhoe, bulldozer, end-loader, forklift, industrial crane or hoist, or other mobile machinery, other than an agricultural machine; or

(b)an agricultural machine; or

(c)a motor vehicle adapted to run on rail or tram tracks; or

(d)an amphibious vehicle; or

(e)a motor vehicle of a class prescribed by regulation;

unless the motor vehicle accident out of which the injury arises happens on a road.

(4)For subsection (1)(b), the reference to a wrongful act or omission in respect of the motor vehicle does not include the use of the motor vehicle at the particular time it is being used for the actual doing of an act or making of a threat that is an act of terrorism.

(5)The following is an example of a particular time when a motor vehicle is not being used for the actual doing of an act that is an act of terrorism—

A is the driver of a motor vehicle from which a bomb is thrown at a government building. It is established that at the time the bomb is thrown the motor vehicle is being used for an act of terrorism. In driving away from the building after the bomb is thrown, A runs into a motor vehicle being driven by B. At the time A’s motor vehicle runs into B’s motor vehicle A’s motor vehicle is not being used for the actual doing of an act of terrorism.

(6)Subsection (4) only applies to an act of terrorism happening on or after 1 January 2002.

Part 2    Motor Accident Insurance Commission

Division 1 Establishment of the commission

6   Establishment of commission

The Motor Accident Insurance Commission is established.

7   Constitution of the commission

(1)The insurance commissioner, in the commissioner’s official capacity (but not in the capacity of Nominal Defendant), constitutes the commission.

(2)The insurance commissioner is to be employed under the Public Sector Act 2022.

8   Commission to be body corporate

(1)The commission—

(a)is a body corporate; and

(b)has a seal; and

(c)may sue and be sued under the name Motor Accident Insurance Commission.

(2)The commission has all the powers of an individual and may, for example—

(a)enter into contracts; and

(b)acquire, hold, dispose of, and deal with, property; and

(c)employ staff (including temporary staff); and

(d)appoint agents and attorneys; and

(e)engage consultants; and

(f)fix charges, and other terms, for the provision of services by the commission.

(3)The commission’s seal is to be kept as directed by the commissioner and may be used only as directed or authorised by the commissioner.

(4)Judicial notice must be taken of the imprint of the seal appearing on a document and the document must be presumed to have been properly sealed unless the contrary is proved.

9   Power of delegation

The commission may delegate its powers under this Act.

9A   Commission is statutory body

(1)Under the Statutory Bodies Financial Arrangements Act 1982, the commission is a statutory body.

(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the commission’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.

Division 2 General functions of commission

10   Commission’s functions

(1)The commission’s functions are to—

(a)supervise insurers operating under the statutory insurance scheme and issue, suspend or withdraw licences for insurers operating under the scheme; and

(b)regulate the statutory insurance scheme; and

(c)establish and revise prudential standards with which licensed insurers must comply; and

(d)establish and revise standards about the proper management of claims with which licensed insurers must comply; and

(e)monitor the management of claims by insurers under the statutory insurance scheme and, in particular, the insurers’ compliance with their obligations under part 4; and

(f)appoint, under the industry deed, a person to arbitrate disputes between 2 or more insurers about a claim; and

(g)fix for each class of CTP insurance the range within which an insurer’s premium must fall; and

(h)recommend the levies and the administration fee payable under this Act; and

(i)monitor the availability, adequacy and use of rehabilitation services for claimants who suffer personal injury in motor vehicle accidents and develop programs, resources and guidelines to overcome deficiencies in the services; and

(j)provide funds for, or contribute in other ways to, the provision of infrastructure to facilitate the rehabilitation of persons injured in motor vehicle accidents; and

(k)provide funds for research and education in the field of rehabilitation and the provision of rehabilitation services; and

(l)provide funds for research into the causes of motor vehicle accidents and their prevention; and

(m)establish and maintain a call centre from which the public may obtain information on the statutory insurance scheme; and

(n)carry out, or contribute to, advertising campaigns to increase public awareness of the causes of motor vehicle accidents, and of the economic, social and personal cost of motor vehicle accidents; and

(o)promote and, if funds are available, make financial contributions towards—

(i)the regular inspection of motor vehicles to ensure safety and roadworthiness; and

(ii)the training of drivers (including the provision of defensive driving courses); and

(iii)training in first aid; and

(iv)the provision, maintenance and support of the infrastructure necessary to reduce the incidence of motor vehicle accidents and minimise the results; and

(p)monitor the efficiency of the statutory insurance scheme and, in particular, the proportion of the funds of the scheme paid to claimants or applied for their direct benefit; and

(q)develop and coordinate strategies to identify and combat fraud in or related to claims; and

(r)keep the industry deed under review and make recommendations for its amendment; and

(s)keep the statutory insurance scheme generally under review and make recommendations for its amendment; and

(t)conduct research and collect statistics about the statutory insurance scheme; and

(u)perform another function given to the commission under this or another Act.

Note—

For the functions of the commission in relation to the injury insurance scheme, see the National Injury Act, chapter 5.

(2)In determining prudential standards for licensed insurers, the commission must have proper regard to the prudential standards that apply to the insurance industry under Commonwealth legislation.

(3)The commission must publish on its website standards made under subsection (1)(c) or (d).

(4)A standard made under subsection (1)(d) applies to the management of a claim from the day the standard is published, whether the claim was made before or after that day.

11   Advisory committees

(1)The commission may establish 1 or more advisory committees to advise on the exercise of the commission’s statutory functions.

(2)The matters on which an advisory committee may provide advice are to be decided by the commission with the approval of the Minister.

(3)An advisory committee is to consist of persons appointed by the Minister on the commission’s nomination.

(4)The terms on which the members of an advisory committee hold office are to be decided by the Minister.

Division 3 Insurance premiums

12   Insurance premiums

(1)An insurance premium under the statutory insurance scheme consists of the following components—

(a)the insurer’s premium;

(b)the statutory insurance scheme levy;

(c)the hospital and emergency services levy;

(d)the Nominal Defendant levy;

(e)the injury insurance scheme levy;

(f)the administration fee.

(2)The insurer’s premium is the insurer’s consideration for providing the insurance.

(3)The statutory insurance scheme levy is to cover the estimated costs of—

(a)the administration of this Act (other than costs associated with the Nominal Defendant scheme) for the financial year in which the levy is fixed, together with any shortfall from previous financial years; and

(b)the commission performing its functions under the National Injury Act, chapter 5 for the financial year in which the levy is fixed.

(4)The hospital and emergency services levy is to cover a reasonable proportion of the estimated cost of providing public hospital services and emergency services for the financial year for which the levy is fixed having regard to the number of people who—

(a)are injured in motor vehicle accidents; and

(b)make use of public hospital services and emergency services as a result of their injuries; and

(c)are claimants or potential claimants under the statutory insurance scheme, but are not—

(i)participants in the injury insurance scheme; or

(ii)eligible persons.

(5)The Nominal Defendant levy is to cover the estimated costs of the Nominal Defendant scheme for the financial year or other period for which the levy is fixed together with any shortfall from previous financial years.

(6)The administration fee is the fee payable to transport administration for work done in the administration of the statutory insurance scheme.

(7)The administration fee is a controlled receipt for the purposes of the Financial Accountability Act 2009.

13   The insurer’s premium

(1)An insurer’s premium is to be set by each licensed insurer, within limits fixed by the commission, for each class of insurance.

(2)The premiums are to relate to a period (an assessment period) fixed under a regulation.

(3)The insurer’s premium is to be set by the insurer on the basis that the insurance is to cover a registration period of 1 year.

(3A)Subsection (3B) applies to a CTP insurance policy—

(a)that comes into force after 30 June 2003; and

(b)for which a person is entitled to an input tax credit for the insurer’s premium component of the insurance premium for the policy.

(3B)The insurer’s premium consists of—

(a)the amount set under subsection (1) for the class of insurance to which the policy relates; and

(b)an additional amount prescribed under a regulation.

(4)If the registration period is more or less than 1 year, the insurer’s premium for the relevant CTP policy is—

(a)the proportion of the insurer’s premium for 1 year that the period of registration bears to 1 year; and

(b)an additional amount fixed on a basis prescribed under a regulation.

(5)A regulation under subsection (3B)(b) may prescribe a different amount for each class of insurance provided by each licensed insurer.

(6)In this section—

input tax credit has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), section 195-1.

13A   Premium rates

(1)This section describes the process for setting the insurer’s premiums, under section 13(1), for each assessment period.

(2)The commission first fixes limits of insurer’s premium for each class of CTP insurance.

(3)The limits consist of a floor amount (below which the premium can not be set) and a ceiling amount (above which the premium can not be set).

(4)Before the commission fixes the limits, the commission must invite written submissions from—

(a)licensed insurers on matters relevant to the fixing of the limits and, in particular, on—

(i)current factors and trends influencing the cost of insurance under the statutory insurance scheme; and

(ii)any other factors that should, in the opinion of the insurers, influence the permissible range of insurers’ premiums for the assessment period; and

(b)major organisations representing motorists in Queensland.

(5)The commission must at least once in each year obtain an actuarial analysis of the statutory insurance scheme and, at least once in each quarter, obtain an actuarial review of current trends that could affect the financial soundness of the scheme.

(6)After considering the financial soundness of the statutory insurance scheme in the light of the most recent actuarial analysis and quarterly review obtained under subsection (5), the submissions made in response to the commission’s invitations and other material the commission considers relevant, the commission must—

(a)fix the limits of insurer’s premium for each class of CTP insurance; and

(b)give each licensed insurer a written notice—

(i)stating the limits fixed for each class of CTP insurance; and

(ii)requiring the insurer to submit its insurer’s premiums for each class of CTP insurance for the relevant assessment period on or before a date stated in the notice; and

(iii)specifying other requirements with which the insurer’s submission must comply.

(7)The premiums must be submitted in accordance with requirements specified in the notice within a time limit fixed under a regulation.

(8)Each licensed insurer must give the commission written notice of the premiums set by the insurer on or before the date stated in the commission’s notice.

(9)On receipt of the notice from the insurer, the commission must, within a time limit fixed by a regulation—

(a)record the premiums set by the insurer for the relevant assessment period for each class of CTP insurance; and

(b)give the insurer a written notice confirming the insurer’s insurance premiums for the relevant assessment period; and

(c)notify transport administration of each insurer’s insurance premiums for the relevant assessment period.

(10)If a licensed insurer—

(a)fails to submit premiums for each class of CTP insurance as required by the commission; or

(b)sets a premium outside the limits allowed by the commission;

the commission may, by written notice to the insurer, withdraw the insurer’s licence.

14   Recommendations about levies and administration fee

(1)At least 4 months before the end of each financial year, the commission must make recommendations to the Minister on the amount of—

(a)the statutory insurance scheme levy for the next financial year; and

(b)the hospital and emergency services levy for the next financial year; and

(c)the Nominal Defendant levy for the next financial year and the component, if any, to be included in the levy for satisfying liabilities of the Nominal Defendant under section 33(2); and

(d)the administration fee for the next financial year.

Note—

For the commission’s role in making recommendations about the injury insurance scheme levy, see the National Injury Act, section 98.

(2)A levy mentioned in subsection (1) or the administration fee may vary according to any 1 or more of the following factors—

(a)the class of CTP insurance;

(b)the period of insurance;

(c)any other factor stated in a regulation.

(3)If there is an unexpected increase in the Nominal Defendant’s liabilities that necessitates, in the commission’s opinion, an increase in the Nominal Defendant levy before the end of a financial year for which the levy has been fixed, the commission may, at any time, recommend a special increase in the Nominal Defendant levy.

14A   Fixing levies and administration fee

(1)Each of the following are to be fixed by regulation for each financial year—

(a)the statutory insurance scheme levy;

(b)the hospital and emergency services levy;

(c)the Nominal Defendant levy;

(d)the administration fee.

(2)A regulation fixing levies and the administration fee for a particular financial year must be made at least 3 months before the beginning of the financial year.

(3)However—

(a)if a regulation fixing the levies and administration fee for a particular financial year is not made at least 3 months before the beginning of the relevant financial year—

(i)the regulation commences 3 months after it is notified or on a later date specified in the regulation; and

(ii)the levies and administration fee last fixed continue until the regulation commences; and

(b)if the commission recommends a special increase in the Nominal Defendant levy, a regulation giving effect to the recommendation may be made at any time and comes into force on the date the regulation is notified or a later date specified in the regulation.

15   Report and recommendations when costs of insurance exceed the affordability index

(1)The costs of CTP insurance exceed the affordability index if the insurance premium for a CTP insurance policy for a class 1 motor vehicle (assuming the insurer’s premium is set at the highest amount set by a licensed insurer) exceeds the affordability index.

(2)If the costs of CTP insurance exceed the affordability index, the commission must give the Minister a report about the effect of current trends on the affordability of CTP insurance.

(3) Subsection (4) applies if the commission considers changes to the statutory insurance scheme or the injury insurance scheme are necessary to counter the effect of undesirable trends on the affordability of CTP insurance.

(4)The commission may, in its report, recommend the changes.

(5)If the report recommends changes to the injury insurance scheme, the commission must give a copy of the report to the Treasurer.

(6)In fixing the range within which an insurer’s premium for a class 1 motor vehicle must fall, the commission is not to be influenced by the fact that the proposed range could result in the costs of CTP insurance exceeding the affordability index if the ceiling amount is, according to actuarial advice, appropriate to ensure the financial soundness of the scheme.

(7)The Minister must, as soon as practicable after receiving a report under subsection (2), cause a copy of the report to be laid before the Legislative Assembly.

(8)In this section—

class 1 motor vehicle means a motor vehicle of that class under a regulation.

insurance premium, for a CTP insurance policy for a class 1 motor vehicle, does not include the relevant insolvency liability component or an amount prescribed under section 13(3B)(b) for the insurer’s premium component of the insurance premium for the policy.

relevant insolvency liability component means the amount included in the Nominal Defendant levy that the Minister considers is attributable to satisfying liabilities of the Nominal Defendant under section 33(2).

15A   [Repealed]

Division 4 The Nominal Defendant

16   The Nominal Defendant

(1)The Nominal Defendant—

(a)is a body corporate; and

(b)has a seal; and

(c)may sue and be sued under the name Nominal Defendant.

(2)The commissioner is the Nominal Defendant.

(3)The Nominal Defendant has all the powers of an individual and may, for example—

(a)enter into contracts; and

(b)acquire, hold, dispose of, and deal with, property; and

(c)employ staff (including temporary staff); and

(d)appoint agents and attorneys; and

(e)engage consultants.

(4)The Nominal Defendant may delegate powers under this Act.

(5)The Nominal Defendant’s seal is to be kept as directed by the commissioner and may be used only as directed or authorised by the commissioner.

(6)Judicial notice must be taken of the imprint of the seal appearing on a document and the document must be presumed to have been properly sealed unless the contrary is proved.

16A   Nominal Defendant is statutory body

(1)Under the Statutory Bodies Financial Arrangements Act 1982, the Nominal Defendant is a statutory body.

(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the Nominal Defendant’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.

17   Nominal Defendant to keep public office

(1)The Nominal Defendant must have a public office.

(2)Legal process is served personally on the Nominal Defendant by leaving it at the Nominal Defendant’s public office with a person apparently employed at the office.

18   Nominal Defendant taken to be licensed insurer

The Nominal Defendant is taken to be a licensed insurer (other than for parts 3 and 5) and is bound by the industry deed.

Division 5 Annual report

19   Annual report

(1)The commission must report annually under the Financial Accountability Act 2009.

(2)The report must—

(a)include a report dealing with all significant aspects of the operation of the statutory insurance scheme, with particular reference to the operation of the provisions affecting the management of claims; and

(b)contain information about the cost to the community of motor vehicle accidents for the relevant financial year; and

(c)contain information about the cost of administering this Act and the Nominal Defendant scheme for the financial year; and

(d)contain further information that may be required by regulation; and

(e)include the audited accounts of the Motor Accident Insurance Fund and the Nominal Defendant Fund.

Note—

See also the National Injury Act, section 104.

(3)In this section—

motor vehicle accident includes an incident resulting in serious personal injury in relation to which the National Injury Act applies.

Part 3    Compulsory insurance

Division 1 Obligation to insure

20   Offence of driving uninsured vehicle etc.

(1)A person must not drive an uninsured motor vehicle on a road or in a public place.

Maximum penalty—80 penalty units.

(2)A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place.

Maximum penalty—80 penalty units.

(3)It is a defence to a charge of an offence against this section to prove that the defendant had reasonable grounds to believe and did believe the motor vehicle was an insured motor vehicle.

(4)This section does not apply to a motor vehicle of a class exempted from its application by regulation.

(5)Also, this section does not apply to a motor vehicle to which a gratuitous CTP insurance policy under section 20A(2) relates.

20A   Temporary gratuitous insurance

(1)This section applies if a person has been issued a permit under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, section 17, authorising the use of an unregistered motor vehicle on roads.

(2)A gratuitous CTP insurance policy in terms of the schedule under which the Nominal Defendant is the insurer is taken to be in force for the motor vehicle while the permit is in force.

(3)However, subsection (2) does not apply for any period when a CTP insurance policy is otherwise in force for the motor vehicle while the permit is in force.

Division 2 Selection of insurer

21   Selection of insurer

(1)On lodging an application for the registration of a motor vehicle with transport administration, the applicant must select a licensed insurer to be the insurer under the CTP insurance policy for the vehicle by exercising 1 of the following options—

(a)the applicant may, at the time of lodging the application, nominate, in a way approved by transport administration, a particular licensed insurer to be the insurer under the CTP insurance policy for the vehicle and pay the appropriate insurance premium to transport administration;

(b)the applicant may lodge with the application a certificate in a form approved by the commission certifying that the appropriate insurance premium has been paid to the licensed insurer on whose behalf the certificate is issued.

(2)The registered operator of a registered motor vehicle may, on lodging an application for renewal of registration or at any other time, change the insurer for the vehicle as from the end of the current registration period by nominating, in a way approved by transport administration, another licensed insurer as the insurer of the motor vehicle.

(3)However—

(a)if a registered operator lodges an application for renewal of registration before the end of a current period of registration, a nomination to change the insurer for the period for which the renewal is to take effect can not be made after the time of lodging the application for renewal; and

(b)a nomination under subsection (2) becomes void if, between the time it is lodged and the time it is to take effect—

(i)the registration of the motor vehicle is transferred; or

(ii)a further notice of nomination is lodged with transport administration under subsection (2).

(4)On lodging an application for renewal of the registration of a motor vehicle with transport administration, the applicant must—

(a)pay the appropriate insurance premium to transport administration; or

(b)lodge with transport administration a certificate in a form approved by the commission certifying that the appropriate insurance premium (for the period for which the registration is to be renewed) has been paid to the licensed insurer on whose behalf the certificate is issued.

(5)If an applicant for registration or renewal of registration of a motor vehicle pays to transport administration an amount that is (after subtracting any amount payable to transport administration by way of registration fees and charges) less than the appropriate insurance premium but within the tolerances set by the commission—

(a)the applicant is taken to have paid the appropriate insurance premium; and

(b)the amount is to be applied as follows—

(i)first to paying the registration fees and charges, the administration fee and the levies;

(ii)secondly to paying the remaining balance to the insurer.

(6)However, in a case to which subsection (5) applies, the CTP insurer may recover, as a debt, from the registered operator of the motor vehicle the difference between the insurer’s premium the insurer would have received if the insurance premium had been paid in full and the amount actually received by the insurer.

(7)The commission may—

(a)fix tolerances for subsection (5); or

(b)change or replace tolerances previously fixed for subsection (5).

(8)When the commission fixes the tolerances (or changes or replaces tolerances previously fixed), the commission must give written notice of the tolerances (or the new tolerances) to transport administration and all licensed insurers.

(9)For this section—

(a)a person is taken to have made a nomination in a way approved by transport administration if the nomination is communicated to transport administration in a way transport administration considers acceptable; and

(b)a person is taken to have lodged a certificate with transport administration if the certificate or its contents are transmitted to, and received by, transport administration in a way transport administration considers acceptable.

(10)In this section—

appropriate insurance premium means the gross insurance premium calculated by reference to—

(a)the period for which registration is to be granted or renewed; and

(b)the class of motor vehicle; and

(c)the insurer’s premium for the insurer last selected under this section for the relevant class of insurance.

22   Licensed insurer can not decline CTP business

(1)A CTP insurance policy under this Act is binding on the licensed insurer by force of this Act, and a licensed insurer can not repudiate, or decline to issue or renew, a CTP insurance policy.

(2)If an application is made to a licensed insurer for an insurance certificate for use in connection with an application to register or renew the registration of a motor vehicle, and the appropriate insurance premium is tendered to the insurer by the applicant, the insurer must issue the certificate.

Maximum penalty—300 penalty units.

(3)A court that convicts an insurer of an offence against subsection (2) may, by order, withdraw the licence.

23   Statutory policy of insurance

(1)When transport administration registers or renews the registration of a motor vehicle—

(a)a policy of insurance in terms of the schedule comes into force for the motor vehicle when the registration or renewal of registration takes effect; and

(b)the licensed insurer selected under this part in or in relation to the relevant application is the insurer under the policy.

(2)The policy remains in force for the period of registration and for a further period of grace ending on the first of the following to happen—

(a)on the renewal of the registration or the grant of a permit allowing the vehicle to be driven on roads while unregistered;

(b)on the expiry of 30 days from the end of the period of registration.

(3)However—

(a)if the registration is cancelled before the end of the period for which it was granted or renewed, the policy ceases to be in force when the cancellation takes effect (and there is no period of grace); and

(b)if a cancellation of registration takes effect during the period of grace, the period of grace ends when the cancellation takes effect; and

(c)the period of grace does not include a period for which the vehicle has plates attached to it that allow it to be driven while unregistered; and

(d)if the registered operator of the motor vehicle has selected a licensed insurer to become the insurer of the motor vehicle as from the end of the period of registration, the selected insurer becomes the insurer under the policy for the period of grace.

(3A)If the registration of a motor vehicle is renewed after the end of the period of grace, the vehicle is uninsured from the end of the period of grace until the registration is renewed (even though the period for which the registration is renewed is backdated to the end of the previous registration period).

(4)The validity of the policy is unaffected by—

(a)transport administration’s failure to collect the insurance premium in full; or

(b)another error of transport administration or an error of an insurer.

(5)If a CTP insurance policy comes into force under this Act and the insurance premium has not been collected, in full, by or for the insurer, the insurer may recover the premium, or as much of it as has not been paid, as a debt, from the person in whose name the motor vehicle is registered.

(6)If—

(a)a cheque received by transport administration for the premium, or for an amount including the premium, on a CTP insurance policy is not paid on first presentation; or

(b)transport administration becomes aware that, because of administrative error, the amount accepted by it as the premium on a CTP insurance policy is not the full amount of the premium; or

(c)a payment received electronically by transport administration for the premium, or for an amount including the premium, on a CTP insurance policy is subsequently withdrawn;

transport administration must, as soon as practicable, inform the insurer of the relevant fact and of any action taken by transport administration to recover the premium or the balance of the premium.

(7)If provision is made by regulation for the gratuitous insurance of vehicles of a particular class under policies of CTP insurance, a vehicle of the relevant class must be regarded, subject to any conditions and limitations prescribed by regulation, as insured by a CTP insurance policy under which the Nominal Defendant is the insurer.

(8)If a licensed insurer issues a CTP insurance certificate for an uninsured motor vehicle, the motor vehicle is covered by the insurer under a CTP insurance policy while the vehicle is being driven as far as is reasonably necessary—

(a)to obtain an inspection certificate, or a weighbridge certificate, necessary for the vehicle’s registration; or

(b)to take the vehicle to the nearest convenient place for an inspection that is necessary for registration.

(9)However, CTP insurance cover under subsection (8) does not extend to an unregistered vehicle while it is being driven to a place to arrange or undergo repair or another purpose not specifically authorised by the subsection.

(10)In this section—

inspection certificate means an inspection certificate under a regulation made under the Transport Operations (Road Use Management) Act 1995, section 148.

24   Transfer of registration

A CTP insurance policy is unaffected by a change of ownership, or a transfer of the registration of, a motor vehicle to which it relates.

25   Motor vehicle must be insured under correct class

(1)An applicant for registration, or renewal of registration, of a motor vehicle must not make a misstatement or misrepresentation that results in—

(a)the motor vehicle being incorrectly classified; and

(b)a consequent reduction in the amount of the premium charged for the CTP insurance policy for the vehicle.

Maximum penalty—30 penalty units.

(2)However, it is a defence to a charge of an offence against subsection (1) to prove that the defendant believed on reasonable grounds that the misstatement or misrepresentation was true.

(2A)A person must not drive a motor vehicle, or permit a motor vehicle to be driven, on a road or in a public place knowing that the vehicle has been incorrectly classified and that, as a result, less than the appropriate insurance premium has been paid for a policy of CTP insurance.

Maximum penalty—30 penalty units.

(3)An insurer must not fix the insurance premium to be paid for a CTP insurance policy on the basis of a classification of a motor vehicle the insurer knows to be incorrect.

Maximum penalty—300 penalty units.

26   Non application in certain cases

This division does not apply to—

(a)a trailer other than a trailer that is registered, or about to be registered, under the Interstate Road Transport Act 1985 (Cwlth); or

(b)a motor vehicle owned by a self-insurer.

Division 3 Disbursement of gross insurance premiums

27   Disbursement of gross premiums by transport administration

(1)Transport administration must in each week—

(a)give the commission a return setting out, for the previous week—

(i)the total amount received by way of insurance premiums; and

(ii)the total amount received by way of insurer’s premium for each licensed insurer; and

(iii)the amount received by way of statutory insurance scheme levy; and

(iv)the amount received by way of hospital and emergency services levy; and

(v)the amount received by way of Nominal Defendant levy; and

(vi)the amount received by way of the injury insurance scheme levy; and

(vii)the amount received by way of administration fee; and

(b)pay to each licensed insurer the total amount received by way of insurer’s premium for the licensed insurer; and

(c)pay to the commission the total amount received by way of levies, other than amounts received by way of the injury insurance scheme levy.

(2)Transport administration must also in each week—

(a)give the insurance agency a return setting out, for the previous week, the amount received by way of the injury insurance scheme levy; and

(b)pay to the insurance agency the total amount received by way of the injury insurance scheme levy.

(3)For subsections (1)(c) and (2)(b), the total amount received by way of levy includes any amount received from a licensed insurer for transmission to the commission or the insurance agency.

(4)Transport administration may retain the amount received by way of administration fee.

27A   Disbursement of gross premiums by insurers who receive premiums directly

(1)Within a week after transport administration notifies a licensed insurer that it has received a certificate certifying payment of an insurance premium to the licensed insurer, the licensed insurer must—

(a)pay to transport administration (for transmission to the commission or the insurance agency) the component of the insurance premium consisting of the levies; and

(b)pay to transport administration the component of the insurance premium consisting of the administration fee.

Maximum penalty—150 penalty units.

(2)However, an insurer’s liability to make payments under subsection (1) to transport administration, and transport administration’s liability to pay insurer’s premiums to the insurer, may be set off against each other under an arrangement between transport administration and the insurer (but such an arrangement is not to affect the extent of transport administration’s liability to pay levies to the commission or the insurance agency).

(3)If an insurer fails to make a payment to transport administration when required under this section, transport administration may recover the amount as a debt, together with interest at a rate fixed under a regulation.

Division 4 The statutory funds

28   Motor Accident Insurance Fund

(1)There is to be a fund called the Motor Accident Insurance Fund.

(2)The fund consists of—

(a)an amount transferred to the fund under section 33(6) or 106; and

(b)the amounts received or recovered by the commission by way of the statutory insurance scheme levy under this Act; and

(c)the amounts received or recovered by the commission by way of the hospital and emergency services levy under this Act; and

(d)any penalties or penalty interest imposed under this Act; and

(e)income derived from the investment of the fund.

(3)The fund is to be applied to meet the cost of administering this Act, including—

(a)all expenditure by the commission in the exercise of statutory powers and functions (including payments to be made under section 106(4) but not costs otherwise associated with the Nominal Defendant scheme); and

(b)payments relating to an advance of amounts under subsection (6), that are payable under the terms of the advance.

(4)The amounts received into the fund by way of the hospital and emergency services levy are to be applied towards providing public hospital services and public emergency services and, for that purpose, are to be paid to relevant government entities.

(5)The Treasurer may decide at which periodic intervals, and in what proportions, the amounts are to be paid.

(6)The Treasurer may advance amounts to the fund on the terms the Treasurer considers appropriate.

29   Nominal Defendant Fund

(1)There is to be a fund called the Nominal Defendant Fund.

(2)The following amounts are to be paid into the fund—

(a)the amounts to be paid by the Treasurer to the credit of the fund under section 106;

(b)the income derived from the Nominal Defendant levy;

(c)the amounts paid to, or recovered by, the Nominal Defendant under this Act;

(d)amounts advanced to the fund under this section;

(e)income derived from investment of the fund.

(3)The following amounts are to be paid from the fund—

(a)the costs of carrying out the functions of the Nominal Defendant under the statutory insurance scheme;

(b)amounts required to satisfy liabilities of the Nominal Defendant for claims;

(c)payments relating to an advance of amounts under subsection (4), that are payable under the terms of the advance.

(4)The Treasurer may advance amounts to the fund on the terms the Treasurer considers appropriate.

Division 5 Transfer of CTP business

30   Transfer of CTP business

(1)The commission may, on the joint application of 2 licensed insurers, approve the transfer of CTP business from one insurer (the transferor) to the other (the transferee).

(2)An approval under this section may be given on the conditions the commission considers appropriate.

(3)Notice of an approval under this section must be published in the gazette.

(4)On publication of the notice of approval in the gazette—

(a)all rights and liabilities subject to the transfer are transferred to, and become rights and liabilities of, the transferee; and

(b)this Act operates as if the transferee had been selected as the insurer under the CTP policies subject to the transfer; and

(c)if the transferor’s entire CTP business is transferred—the transferor’s licence is withdrawn; and

(d)if part of the transferor’s CTP business is transferred—the transfer is an adequate reason for withdrawing the licence.

Part 4    Claims

Division 1 The insurer

31   Principles for determining the insurer

(1)If personal injury is caused by, through or in connection with a motor vehicle, the insurer for the statutory insurance scheme is to be decided in accordance with the following principles—

(a)if the motor vehicle is an insured motor vehicle—the insurer under the CTP insurance policy is, subject to this division, the insurer;

(b)if the motor vehicle is not insured but a self-insurer is the registered owner—the self-insurer is the insurer;

(c)if the motor vehicle is not insured and a self-insurer is not the registered owner—the Nominal Defendant is the insurer;

(d)if the motor vehicle, or insurer under its CTP insurance policy, can not be identified—the Nominal Defendant is the insurer.

(2)In any legal proceedings, it is to be presumed that a motor vehicle can not be identified if it is established by affidavit or oral evidence that proper inquiry and search have been made and have failed to establish the identity of the motor vehicle.

(3)If a trailer is attached to a motor vehicle registered in Queensland or runs out of control after becoming accidentally detached from a motor vehicle registered in Queensland, the trailer must be regarded as part of the motor vehicle and the insurer of the motor vehicle is the insurer of the trailer but, in any other case, the insurer of a trailer registered in Queensland is the Nominal Defendant whose liability is to be decided as if the Nominal Defendant had issued a separate CTP insurance policy for the trailer.

(4)However—

(a)if a motor vehicle accident involving a trailer with a GVM of more than 4.5 tonnes happens outside the State—the Nominal Defendant is not the insurer of the trailer under subsection (3); and

(b)if a CTP insurance policy (other than a supplementary policy) is issued for, or expressly extends to, a trailer—the insurer under the policy is the insurer of the trailer for all purposes.

(5)In this section—

supplementary policy means a policy of insurance for a trailer insuring against liability for personal injury caused by, through or in connection with the trailer, other than a liability covered under subsection (3).

32   Self-insurer as the insurer

If personal injury is caused by, through or in connection with a motor vehicle that is not insured under a CTP insurance policy but a self-insurer is the registered owner, the self-insurer’s liability is the same as if the self-insurer had been, when the motor vehicle accident happened, the insurer under a CTP insurance policy under this Act for the motor vehicle.

33   Nominal Defendant as the insurer

(1)The Nominal Defendant’s liability for personal injury caused by, through or in connection with a motor vehicle is the same as if the Nominal Defendant had been, when the motor vehicle accident happened, the insurer under a CTP insurance policy under this Act for the motor vehicle.

(2)If the insurer under a CTP insurance policy becomes insolvent, the Nominal Defendant becomes the insurer under CTP policies in force under this Act for which the insolvent insurer was formerly the insurer unless the policies are transferred to some other licensed insurer.

(3)The Nominal Defendant is liable for personal injury arising out of a motor vehicle accident outside Queensland only if—

(a)the liability arises under subsection (2); or

(b)the personal injury is caused by, through or in connection with a motor vehicle that is gratuitously insured under section 23(7).

(4)Subject to subsection (5), if the Nominal Defendant Fund proves insufficient to meet the liabilities of the Nominal Defendant under subsection (2), the commissioner must make payments from the Motor Accident Insurance Fund to meet the deficiency.

(5)The total payments from the Motor Accident Insurance Fund under subsection (4) and under section 106(4), including payments made under section 106(4) before the commencement of this subsection, can not be more than the amount that was transferred to the fund under section 106(3).

(6)If an amount is recovered or received by the Nominal Defendant, by way of an action or a claim relating to the insolvency of an insurer under a CTP insurance policy, the Treasurer may, by written notice to the Nominal Defendant, direct it to transfer an amount, not exceeding the amount recovered or received, to the Motor Accident Insurance Fund.

(7)However, the total amount the Treasurer may direct the Nominal Defendant to transfer to the Motor Accident Insurance Fund from all the amounts recovered or received relating to an insolvent insurer, as mentioned in subsection (6), must not exceed the total payments from the fund made by the commissioner under subsection (4) relating to that insolvent insurer.

Division 2 Duty to notify accidents and claims and provide information

34   Duty to notify accidents to police

(1)A person who proposes to make a claim (including a person acting in a representative capacity) must ensure that appropriate notice of the accident has been given to a police officer.

(2)Appropriate notice of a motor vehicle accident is—

(a)the giving of required particulars under the Transport Operations (Road Use Management) Act 1995, section 93(4); or

(b)if (and only if) particulars have not been given as required under that section—a notice under this section in a form approved by the commission.

(3)A notice under this section must—

(a)state the intending claimant’s full name, date of birth, residential address and a telephone number at which the claimant can be contacted; and

(b)state the date, time and place of the accident and describe how it happened; and

(c)identify all motor vehicles and drivers involved in the accident (as far as known to the intending claimant); and

(d)state the names and residential addresses of all persons injured in the accident (as far as known to the intending claimant); and

(e)state the names and residential addresses of all persons who witnessed the accident (as far as known to the intending claimant); and

(f)state the general nature of the personal injury to the intending claimant.

35   Duty to provide information

(1)The driver, person in charge or owner of a motor vehicle involved in an accident out of which personal injury arises must, at the request of the insurer of a vehicle involved in the accident, provide any information about the accident that the insurer may reasonably require within 1 month after receiving the request.

(2)A person must not, without reasonable excuse, fail to comply with a request for information under subsection (1).

Maximum penalty—10 penalty units.

(3)A person asked to provide information under subsection (1) has a reasonable excuse for not complying with the request if the information would tend to incriminate the person.

(4)A person, if not the driver, owner, or person in charge of the motor vehicle insured by the insurer asking for information, need not comply with the request unless it was made with the agreement of the insurer of the motor vehicle.

(5)An insurer who asks for information under this section must disclose fully in the request the nature of the insurer’s interest in the motor vehicle accident.

36   Duty to notify claims

(1)A person who receives a claim or demand, or notice of a claim or demand, about personal injury arising out of a motor vehicle accident must, within 1 month after receiving it, give the claim, demand or notice to the insurer of the motor vehicle under the statutory insurance scheme.

Maximum penalty—10 penalty units.

(2)A person who receives a writ or other process of a court about a claim must immediately give it to the insurer of the motor vehicle under the statutory insurance scheme.

Maximum penalty—10 penalty units.

Division 2A Law practice certificates generally and certificates before notice of claim

36A   Law practice retained by claimant before notice of claim

(1)This section applies if a law practice is retained by a claimant to act in relation to the claimant’s claim before the claimant has given notice of the claim under section 37.

(2)The supervising principal of the law practice must—

(a)complete a law practice certificate for the claim; and

(b)give the certificate to the claimant before the claimant gives notice of the claim under section 37.

Maximum penalty—300 penalty units.

Note—

See also section 36C.

(3)In this section—

claimant includes a potential claimant.

36B   Meaning of law practice certificate

(1)A law practice certificate is a certificate in a form approved by the commission that states the matters mentioned in subsections (2) to (4).

(2)The certificate must state—

(a)the supervising principal and each associate of the law practice have not—

(i)given, agreed to give or allowed or caused someone else to give consideration to another person for a claim referral or potential claim referral for the claim in contravention of section 74(1); or

(ii)received, agreed to receive or allowed or caused someone else to receive consideration from another person for a claim referral or potential claim referral for the claim in contravention of section 74(2); or

(b)if section 74 does not apply to the supervising principal or an associate of the law practice—the circumstances mentioned in section 74(3) why it does not apply.

(3)Also, the certificate must state—

(a)the supervising principal and each associate of the law practice have not personally approached or contacted the claimant and solicited or induced the claimant to make the claim in contravention of section 75; or

(b)if section 75 does not apply to the supervising principal or an associate of the law practice—the circumstances mentioned in section 75(3) why it does not apply.

(4)Further, if the claim is a speculative personal injury claim, the certificate must state the costs agreement relating to the claim complies with section 79 or with the Legal Profession Act 2007, section 347.

(5)The law practice certificate must be signed by the supervising principal and verified by statutory declaration.

(6)To remove any doubt, it is declared that this section does not require or permit the supervising principal of a law practice to give information about communication with a claimant that is subject to legal professional privilege.

(7)In this section—

claimant includes a potential claimant.

claim referral see section 74(4).

consideration, for a claim referral or potential claim referral, see section 74A.

speculative personal injury claim see the Legal Profession Act 2007, section 346.

supervising principal includes a person who is completing a certificate under section 36C.

36C   Supervising principal cannot complete law practice certificate or notice

(1)This section applies if the supervising principal of a law practice cannot comply with section 36A, 36E, 37AB, 39A or 41A in relation to a claim.

(2)Either of the following may complete and give the law practice certificate or notice mentioned in section 36E(3) for the supervising principal to satisfy the section—

(a)another principal of the law practice;

(b)if the supervising principal is the only principal of the law practice—a lawyer nominated by the supervising principal.

36D   False or misleading law practice certificate

(1)A supervising principal of a law practice must not sign, or give to a claimant or an insurer, a law practice certificate the principal knows is false or misleading in a material particular.

Maximum penalty—300 penalty units.

(2)In this section—

claimant includes a potential claimant.

supervising principal includes a person who is completing a certificate under section 36C.

36E   Law practice referral through sale of business

(1)This section applies if—

(a)a law practice (the current practice) sells all or part of the law practice’s business to another law practice (the new practice); and

(b)as part of the sale, a claimant is referred to the new practice; and

(c)the claimant has not given notice of the claim under section 37 before the claimant is referred to the new practice.

(2)The supervising principal of the current practice must, before the referral occurs—

(a)complete a law practice certificate for the claim; and

(b)give the law practice certificate to the new practice and a copy of the certificate to the claimant.

Maximum penalty—300 penalty units.

Note—

See also section 36C.

(3)If the new practice does not receive the law practice certificate mentioned in subsection (2), the supervising principal of the new practice must, as soon as practicable—

(a)complete a notice that states the new practice has not received the certificate; and

(b)give the notice to the commission.

(4)In this section—

claimant includes a potential claimant.

Division 3 Claims procedures

37   Notice of accident claim

(1)Before bringing an action in a court for damages for personal injury arising out of a motor vehicle accident, a claimant must give written notice of the claim to the insurer or 1 of the insurers, against which the action is to be brought—

(a)containing a statement of the information required under a regulation; and

(b)authorising the insurer to have access to records and sources of information relevant to the claim specified under a regulation; and

(c)authorising the insurance agency to exchange information about the claimant with an entity prescribed by regulation under the National Injury Act, section 19(3)—

(i)in the event that the insurer makes an application under that Act for the claimant in relation to the injury; and

(ii)for the purpose of the insurance agency performing its functions under that Act; and

(d)if a law practice is retained by the claimant to act in relation to the claim, accompanied by—

(i)a law practice certificate for the claim from the supervising principal of the law practice; and

(ii)if the claimant has received a copy of a law practice certificate for the claim under section 36E—the copy of the certificate; and

(e)accompanied by the documents prescribed by regulation.

(2)The notice must be given—

(a)if it is to be given to the Nominal Defendant because the motor vehicle can not be identified—within 3 months after the motor vehicle accident; or

(b)in any other case—within the period ending on the earlier of the following dates—

(i)9 months after the motor vehicle accident or, if symptoms of the injury are not immediately apparent, the first appearance of symptoms of the injury;

(ii)1 month after the claimant first consults a lawyer about the possibility of making a claim.

(3)If notice of a claim is not given within the time fixed by this section, the obligation to give the notice continues and a reasonable excuse for the delay must be given in the notice or by separate notice to the insurer but, if a motor vehicle can not be identified and the notice is not given to the Nominal Defendant within 9 months after the motor vehicle accident, the claim against the Nominal Defendant is barred.

(4)If 2 or more motor vehicles were involved in the motor vehicle accident, the insurer to which notice is given under subsection (1) must, within 7 days after receiving it, give a copy of the notice to any other insurer of a motor vehicle involved in the motor vehicle accident.

(5)In this section—

supervising principal includes a person who has completed a certificate under section 36C.

37AA   Law practice certificate not given

(1)This section applies if—

(a)the supervising principal of a law practice in relation to a claim fails to give a law practice certificate to the claimant as required under section 36A; and

(b)because of the principal’s failure, the claimant—

(i)cannot comply with the requirements of section 37(1) within the period mentioned in section 37(2); and

(ii)terminates in writing the engagement of the law practice to act for the claimant in relation to the claim.

(2)The principal must, within 14 days after the termination, refund to the claimant all fees and costs, including disbursements, paid by the claimant in relation to the claim.

(3)In this section—

claimant includes a potential claimant.

37AB   Law practice retained by claimant after notice of claim

(1)This section applies if—

(a)a law practice is retained by a claimant to act in relation to the claimant’s claim; and

(b)the claimant has given notice of the claim under section 37 before retaining the law practice.

(2)The supervising principal of the law practice in relation to the claim must within 1 month after the practice is retained—

(a)complete a law practice certificate for the claim; and

(b)give the law practice certificate to the insurer.

Maximum penalty—300 penalty units.

Note—

See also section 36C.

37A   Additional information form

(1)An insurer to whom notice of a claim is given may ask the claimant to provide additional information about the claim and the circumstances out of which it arises.

(2)Without limiting subsection (1), an insurer may, for considering any of the following matters, ask the claimant to provide additional information about the injury the subject of the claim or about the circumstances in which the claim is made—

(a)whether the injury is a serious personal injury in relation to which the National Injury Act applies;

(b)whether the claimant is an eligible person.

(3)The claimant must, within 1 month after the date of the request, provide the information to the insurer in a form approved by the commission (an additional information form).

37B   Witness information request made by insurer

(1)An insurer may, by written notice, ask an emergency service to give the insurer information to help the insurer identify or contact a person who witnessed a motor vehicle accident if the insurer—

(a)is given notice of a claim for the motor vehicle accident; and

(b)reasonably believes the information is necessary—

(i)to decide the accuracy of matters relating to the claim; and

(ii)to help the insurer resolve the claim under this division.

(2)If an insurer asks an emergency service for information under this section, the emergency service may give the information to the insurer despite any other law that would otherwise prohibit or restrict the giving of the information.

(3)A person, acting honestly, is not liable, civilly, criminally or under an administrative process, for giving information under this section.

(4)In this section—

emergency service means each of the following—

(a)the Queensland Ambulance Service;

(b)the Queensland Fire and Rescue Service;

(c)the Queensland Police Service.

38   Multiple insurers

(1)If 2 or more motor vehicles are involved in a motor vehicle accident in circumstances in which 2 or more insurers may be liable on a claim arising out of the accident, 1 of the insurers (the claim manager) is to act for all the insurers under this division and divisions 4, 5, 5A, 6 and 9.

(2)The claim manager is to be decided by agreement between the insurers within 2 months of the day when notice of the claim was first given under this division or, if agreement is not reached within the period, the claim manager is to be decided under the industry deed.

(3)Until it is decided under subsection (2) who the claim manager is to be, the insurer to which notice of claim is first given under this division is the claim manager.

(4)The claim manager—

(a)may exercise the powers and perform the functions conferred by this division and divisions 4, 5, 5A, 6 and 9 in relation to the claim and the claimant for all insurers liable, or potentially liable, on the claim; and

(b)must act as far as practicable with the agreement of the other insurers; and

(c)is entitled to contributions from the other insurers on the basis prescribed by the industry deed for expenditure properly incurred as claim manager, and for amounts awarded or paid out on the claim.

(5)The claim manager and the other insurers must cooperate with each other and must provide each other with information in their possession relevant to the claim.

(6)If the Nominal Defendant is 1 of 2 or more insurers who may be liable on a claim because a motor vehicle that can not be identified was involved in the accident, another insurer may act for the Nominal Defendant under this section only if the Nominal Defendant agrees in writing.

39   Response to the notice of claim

(1)If notice of a claim is given to an insurer under this division or purportedly under this division—

(a)the insurer must, within 14 days after receiving the notice give the claimant written notice—

(i)stating whether the insurer is satisfied that the notice has been given as required under this division; and

(ii)if the insurer is not satisfied—identifying the noncompliance and stating whether the insurer waives compliance with the requirements; and

(iii)if the insurer does not waive compliance with the requirements—allowing the claimant a reasonable period (at least 1 month) specified in the notice either to satisfy the insurer that the claimant has in fact complied with the requirements or to take reasonable action specified in the notice to remedy the noncompliance; and

(iv)if the claimant is not a participant in the injury insurance scheme in relation to a serious personal injury resulting from the motor vehicle accident the subject of the claim—stating whether the insurer is prepared (without admitting liability) to meet the reasonable and appropriate cost of the claimant’s rehabilitation; and

(v)if the claimant is a participant in the injury insurance scheme in relation to a serious personal injury resulting from the motor vehicle accident the subject of the claim—stating whether the insurer is prepared (without admitting liability) to meet the reasonable and appropriate cost of the claimant’s rehabilitation for any period that the claimant is not a participant in the scheme; and

(b)if the insurer is not prepared to waive compliance with the requirements in the first instance—the insurer must, within 14 days after the end of the period specified under paragraph (a)(iii), give the claimant a written notice—

(i)stating that the insurer is satisfied the claimant has complied with the relevant requirements, is satisfied with the action taken by the claimant to remedy the noncompliance or waives the noncompliance in any event; or

(ii)stating that the insurer is not satisfied that the claimant has taken reasonable action to remedy the noncompliance, giving full particulars of the noncompliance and the claimant’s failure to remedy it.

(2)If an insurer to which notice of a claim is given under this division or purportedly under this division is not, for the purposes of the claim the insurer of the motor vehicle to which the claim relates under the statutory insurance scheme, the insurer must, instead of responding to the notice under subsection (1), give the claimant written notice denying that the insurer is the insurer under the statutory insurance scheme.

(3)If notice of a claim is given to an insurer under this division or purportedly under this division, and the insurer does not respond to the notice within 14 days after receiving it, the insurer is conclusively presumed to be satisfied the notice was given as required under this division.

(4)However, the insurer’s failure to respond to the notice does not prevent the insurer from later denying that the insurer is the insurer of the motor vehicle to which the claim relates under the statutory insurance scheme, but the insurer is liable to compensate the claimant and the insurer against which the claim properly lies for prejudice resulting from the insurer’s failure to respond to the notice under subsection (2).

(5)A claimant’s failure to give notice of a claim as required under this division prevents the claimant from proceeding further with the claim unless—

(a)the insurer—

(i)has stated that the insurer is satisfied notice has been given as required under this division or the claimant has taken reasonable action to remedy the noncompliance; or

(ii)is presumed to be satisfied notice has been given as required under this division; or

(b)the insurer has waived compliance with the requirement; or

(c)the court, on application by the claimant—

(i)declares that the claimant has remedied the noncompliance; or

(ii)authorises further proceedings based on the claim despite the noncompliance.

(6)An order of the court under subsection (5)(c) may be made on conditions the court considers necessary or appropriate to minimise prejudice to an insurer from the claimant’s failure to comply with requirements of this division.

(7)If a claimant does not comply with the requirements of this division, a court before which the claimant brings an action for damages on the claim—

(a)may, on the insurer’s application, award in the insurer’s favour costs (including legal and investigation costs) reasonably incurred by the insurer because of the claimant’s default; and

(b)may only award interest in the claimant’s favour for a period for which the claimant was in default if the court is satisfied there is a reasonable excuse for the default.

(8)If a claim against the Nominal Defendant is barred because the claim relates to personal injury caused by, through or in connection with a motor vehicle that can not be identified and the claimant failed to give notice of claim under this division within 9 months after the motor vehicle accident, the Nominal Defendant can not waive compliance with the requirement to give notice within the time allowed by this division, nor can the court give leave to bring a proceeding in a court despite the noncompliance.

(9)This section is subject to section 39A.

39A   Duty to give law practice certificate if waiver or presumption

(1)This section applies if—

(a)a claimant gives notice of the claimant’s claim that does not comply with section 37(1)(d)(i); and

(b)the insurer for the claim—

(i)waives compliance with the requirements under this division for giving notice of the claim; or

(ii)is presumed to be satisfied notice has been given as required under this division.

(2)If the supervising principal of a law practice or a person mentioned in section 36C(2) acting for the supervising principal gave the claimant a law practice certificate for the claim under section 36A but the claimant has not given the certificate to the insurer, the supervising principal must give a copy of the certificate to the insurer as soon as practicable.

(3)Subsection (4) applies if—

(a)the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim or a person mentioned in section 36C(2) acting for the supervising principal did not give the claimant a law practice certificate for the claim under section 36A; and

(b)the claimant has not subsequently given the insurer a law practice certificate for the claim from the supervising principal or the person.

(2)The liquidator of an insolvent insurer must at the commission’s request give any information the commission requires about the stage reached by the insurer in processing claims before becoming insolvent and any other information reasonably required by the commission.

Maximum penalty—25 penalty units.

92   Disclosure of information

(1)A person engaged in work related to the administration of the statutory insurance scheme, or claims made under the scheme, must not divulge information of a private or confidential nature acquired during the work other than as authorised or required by the terms of the person’s employment or by law.

Maximum penalty—50 penalty units.

(2)This section does not prevent—

(a)the exchange of information between insurers; or

(b)any other form of disclosure authorised or required by the industry deed or regulation.

93   [Repealed]

94   Interference with certain documents

A person must not, without proper reason, interfere with documents relevant to the selection of insurers under the statutory insurance scheme.

Maximum penalty—150 penalty units.

95   Unauthorised policies

A person other than a licensed insurer must not purport to issue a CTP insurance policy under this Act.

Maximum penalty—300 penalty units for each policy purportedly issued.

96   Inducement for CTP insurance business prohibited

(1)A licensed insurer or other person acting for a licensed insurer must not give, or offer to give, to an entity, including an entity acting for the insurer, an inducement for directing CTP insurance business to the licensed insurer.

Maximum penalty—300 penalty units

(2)A licensed insurer or other person does not contravene subsection (1) if—

(a)the inducement is given or offered to be given to an entity only on the basis that the entity will direct an associate of the entity—

(i)to enter into or renew a CTP insurance policy with the licensed insurer; and

(ii)to ask the licensed insurer, on each occasion the associate pays a premium to the licensed insurer, to make a particular donation to—

(A)a particular registered charity; or

(B)a particular road safety research entity; or

(C)an entity prescribed under a regulation; and

Note—

‘Direct’ has a meaning that corresponds to the defined term directing CTP insurance business.

(b)the inducement is the donations made by the licensed insurer on every occasion the associate makes the request mentioned in paragraph (a)(ii); and

(c)the licensed insurer does not intend to, and does not, establish or treat the cost of the inducement as a cost, expense or charge under or against the insurer’s CTP insurance policies or CTP business generally.

(3)Also, a licensed insurer or other person does not contravene subsection (1) in relation to a CTP insurance policy if—

(a)the entity to whom the inducement is given, or offered to be given, is the person who is to enter or renew the CTP insurance policy (the policy holder or proposed policy holder); and

(b)the licensed insurer does not intend to, and does not, establish or treat the cost of the inducement as a cost, expense or charge under or against the insurer’s CTP insurance policies or CTP business generally.

(4)However, subsection (3) does not apply if—

(a)the policy holder or proposed policy holder conducts the business of selling motor vehicles; and

(b)the CTP insurance policy is for a motor vehicle that will be sold in the ordinary course of the business, even if the vehicle is not for sale when the inducement is given or offered; and

(c)the entering or renewal of the CTP insurance policy by the policy holder or proposed policy holder would effectively direct CTP insurance business to the licensed insurer when the vehicle is sold.

(5)Subsections (2), (3) and (4) provide for exemptions under the Justices Act 1886, section 76.

(6)A court that convicts a licensed insurer of an offence against subsection (1) may, by order, withdraw the licence.

(7)In this section—

associate includes member, employee or supporter.

directed CTP insurance business means the CTP insurance business directed to, or obtained for, a licensed insurer because of an inducement.

directing CTP insurance business, to a licensed insurer, includes—

(a)obtaining CTP business for a licensed insurer; and

(b)giving any form of advice, encouragement or suggestion intended to direct CTP business to a licensed insurer.

inducement means any reward, consideration or benefit, including, for example, the following—

(a)a commission;

Examples—

•commissions based on any premium for CTP insurance policies resulting from directed CTP insurance business

•commissions paid on insurance products not involving CTP insurance business but based on directed CTP insurance business

(b)an administration payment;

Example—

•a fee payable to a motor dealer based on the cost to the motor dealer for work done in directing the directed CTP insurance business to the licensed CTP insurer

(c)general financial support.

Examples (where the directed CTP insurance business is being directed to a CTP insurer by a motor dealer)—

•discounts or subsidies applying to premiums for insurance relating to the motor dealer’s business or business connected to the motor dealer’s business

•contributions made to the motor dealer’s general operating expenses, including floor plan charges, entertainment, sponsorship, memberships, sales incentive awards and associated functions

registered charity means—

(a)a charity registered under the Collections Act 1966; or

(b)a charity registered under a law of another State—

(i)that is prescribed under a regulation for this section; or

(ii)if a law is not prescribed under subparagraph (i)—with objects similar to the Collections Act 1966 and that provides for the registration of charities.

road safety research entity means an entity that is, or is conducting, a research program, affiliated with a university, relating to—

(a)the causes of motor vehicle accidents and their prevention; or

(b)rehabilitation of persons injured in motor vehicle accidents.

97   CTP premiums not to be discounted etc.

(1)A licensed insurer or a broker or other person acting for a licensed insurer must not—

(a)discount, reduce, waive, or defer payment of the premium on a CTP insurance policy; or

(b)offer to discount, reduce, waive, or defer payment of the premium on a CTP insurance policy; or

(c)give or offer to give a rebate on the premium on a CTP insurance policy.

Maximum penalty—300 penalty units.

(2)A licensed insurer or a broker or other person acting for a licensed insurer must not pay or subsidise, or offer to pay or subsidise, any fee payable on registration, or renewal of registration, of a motor vehicle by a person who has selected, or proposes to select, the licensed insurer to be the insurer under a CTP insurance policy for the vehicle.

Maximum penalty—300 penalty units.

(3)A licensed insurer, a broker or other person (whether acting for a licensed insurer or not) must not encourage another to make a payment calculated to result in a reduced insurer’s premium for an insurer.

Maximum penalty—300 penalty units.

(4)A licensed insurer does not contravene this section by accepting a reduced insurer’s premium in circumstances where the reduced payment is authorised under this Act.

(5)A licensed insurer or other person acting for a licensed insurer must not give, or offer to give, to a person an inducement to enter into or renew an insurance policy, including a CTP insurance policy, with the insurer if the insurer intends to establish or treat the cost of the inducement as a cost, expense or charge under or against the insurer’s CTP insurance policies or the insurer’s CTP business generally.

Examples of an inducement—

1A licensed insurer offers a discount to policy holders who hold several policies of insurance with the insurer. The offer is available if one of the policies is a CTP insurance policy. The discount is applied to a policy that is not a CTP insurance policy, but the cost of the discount is held partly against the account for the CTP insurance policy.

2A licensed insurer offers to give a person a gift if the person selects the licensed insurer as the insurer under a CTP insurance policy for the person’s motor vehicle. The insurer intends to treat the cost of the gift as a cost of the insurer’s CTP business.

Maximum penalty—300 penalty units.

(6)A court that convicts a licensed insurer of an offence against this section may, by order, withdraw the licence.

97A   [Repealed]

97B   [Repealed]

98   [Repealed]

99   Penalties for offences

Any monetary penalty recovered for an offence against this Act must be paid into the Motor Accident Insurance Fund.

100   Regulations

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may create offences and prescribe penalties of not more than 60 penalty units for each offence.

100A    Indexation of particular amounts

(1)The Minister must, before each financial year starts, make a notice for the financial year fixing—

(a)an amount as the declared costs limit; and

(b)an amount as the lower offer limit; and

(c)an amount as the upper offer limit.

(2)The amount fixed for a limit is to be the amount last fixed by the Minister for the limit adjusted by the percentage change in average weekly earnings between the current financial year and the last financial year and rounded to the nearest 10 dollars (rounding one-half upwards).

(3)However, subsection (4) applies if—

(a)the percentage change in average weekly earnings between the current financial year and the last financial year would reduce or would not change the amount fixed as the limit; or

(b)the percentage change in average weekly earnings between the current financial year and the last financial year is not available from the Australian Statistician.

(4)The Minister must fix an amount for each limit that is not less than the amount for the limit last fixed by the Minister.

(5)The Minister’s notice is subordinate legislation.

(6)Despite subsection (1), the Minister may make a notice for a financial year, after 1 July in the financial year, that has retrospective operation to 1 July in the financial year.

(7)Subsection (6) applies despite the Statutory Instruments Act 1992, section 34.

(8)In this section—

current financial year, for a notice, means the financial year immediately before the financial year for which the notice is made.

last financial year, for a notice, means the financial year immediately before the current financial year.

101   Periodical reviews

(1)Whenever it appears necessary to review this Act to ensure that it is adequately meeting community expectations and its provisions remain appropriate, the Minister must have such a review carried out.

(2)The Minister must cause a report of the outcome of a review under subsection (1) to be laid before the Legislative Assembly.

Part 7    Transitional provisions

Division 1 Provisions for Act before commencement of Motor Accident Insurance Amendment Act 1999 and a related matter

102   Insurance Act 1960 references

In an Act or document, a reference to the Insurance Act 1960 may, if the context permits, be taken to be a reference to this Act.

103   Motor Vehicles Insurance Act 1936 references

In an Act or document, a reference to the Motor Vehicles Insurance Act 1936 may, if the context permits, be taken to be a reference to this Act.

104   Personal injury claims

(1)A contract of insurance in force under the former Act immediately before the commencement of this Act continues in force until the earlier of the following—

(a)the contract is replaced by a CTP insurance policy under this Act;

(b)30 days after the end of the registration period to which it related.

(2)If personal injury arises out of a motor vehicle accident happening before the commencement of this Act, a claim for the personal injury must be dealt with as if this Act had not been enacted.

(3)If personal injury arises out of a motor vehicle accident happening on or after the commencement of this Act, a claim for the personal injury must be dealt with under this Act (even though the accident may have happened while a policy of insurance issued under the former Act remains in force).

(4)This section is enacted to remove any doubt and does not affect the operation of the Acts Interpretation Act 1954, section 20A in relation to section 104 of this Act as originally enacted after the expiry of that section on 31 December 1995.

105   [Expired]

106   Nominal Defendant

(1)The Nominal Defendant under this Act succeeds to rights and liabilities of the Nominal Defendant under the former Act for personal injury arising out of motor vehicle accidents that happened before the commencement of this Act.

(2)If the insurer liable under a contract of insurance issued under the former Act becomes insolvent—

(a)the Nominal Defendant succeeds to the insolvent insurer’s rights and liabilities under the contract of insurance; and

(b)the provisions of this Act that apply to the insolvency of an insurer under a CTP insurance policy apply with any changes prescribed by regulation.

(3)The Motor Vehicle Insurance Nominal Defendant Fund established under the former Act is closed and the balance standing to its credit at the commencement of this Act must be dealt with as follows—

(a)an amount that is, in the State Actuary’s opinion, enough to meet liabilities of the Nominal Defendant under this section must be transferred to the Nominal Defendant Fund under this Act;

(b)any balance must be transferred to the Motor Accident Insurance Fund under this Act.

(4)If the amount paid to the credit of the Nominal Defendant Fund proves insufficient to meet the liabilities of the Nominal Defendant under this section, the commissioner must make payments from the Motor Accident Insurance Fund to meet the deficiency, but the total payments from the Motor Accident Insurance Fund under this section can not be more than the amount transferred to the fund under subsection (3).

(5)Section 33(5) further limits the total payments that may be made under subsection (4) from the Motor Accident Insurance Fund.

Division 2 Provision for Motor Accident Insurance Amendment Act 1999

107   Regulation for assessment period starting before 30 June 1999

(1)Section 15(2) to (4) does not apply to a regulation under section 15(1) fixing the levies, administration fee and insurance premiums for an assessment period starting before 30 June 1999.

(2)A regulation mentioned in subsection (1) is valid even though no recommendations are made to the Minister under section 12(2) for the assessment period to which the regulation relates.

Division 3 Provisions for Motor Accident Insurance Amendment Act 2000

108   Application of amendments made by the Motor Accident Insurance Amendment Act 2000 to motor vehicle accident claims

(1)In this section—

relevant amendment means an amendment to this Act made by the Motor Accident Insurance Amendment Act 2000.

(2)This Act, as amended by a relevant amendment—

(a)applies to a motor vehicle accident claim arising from a motor vehicle accident that happens on or after the commencement of the relevant amendment; and

(b)governs the terms and conditions of a CTP insurance policy under this Act, in so far as it is relevant to any such motor vehicle accident claim, irrespective of whether the policy came into force before or after the commencement of the relevant amendment.

(3)This Act, as in force before the commencement of a relevant amendment, applies to a motor vehicle accident claim arising from a motor vehicle accident that happened before the commencement of the relevant amendment.

109   Special provision about financial years

For this Act, the period commencing on 1 July 2000 and ending on 30 September 2000 and the period commencing on 1 October 2000 and ending on 30 June 2001 are taken to be separate financial years.

110   Ratification of action taken in anticipation of amendments made by the Motor Accident Insurance Amendment Act 2000

(1)This section applies to anything done with a view to—

(a)fixing levies for the financial year commencing on 1 October 2000; or

(b)fixing the administration fee for the financial year commencing on 1 October 2000; or

(c)setting insurer’s premiums for the assessment period commencing on 1 October 2000.

(2)Anything done in anticipation of amendments made by the Motor Accident Insurance Amendment Act 2000 that could have been validly done under this Act assuming that Act had been enacted and the relevant amendments had commenced when the thing was done is taken to have been validly done under this Act.

Division 4 Provision for Treasury Legislation Amendment Act (No. 2) 2002

111   Ratification of action taken in anticipation of amendments made by Treasury Legislation Amendment Act (No. 2) 2002

(1)This section applies to anything done for setting insurer’s premiums for the assessment period commencing on 1 July 2003.

(2)Anything done in anticipation of amendments to this Act made by the Treasury Legislation Amendment Act (No. 2) 2002, sections 14 to 17, that could have been validly done under this Act if the amendments had commenced when the thing was done is taken to have been validly done under this Act.

112   [Repealed]

Division 6 Transitional provisions for the Motor Accident Insurance and Other Legislation Amendment Act 2010

113   Termination of s 96 inducement

(1)This section applies to an arrangement entered into before 1 October 2010 between a licensed insurer, or a person acting for a licensed insurer, and another entity (the entity) if under the arrangement—

(a)a prohibited inducement is to be given to the entity on or after 1 October 2010 for directing CTP insurance business to the licensed insurer before, on or after 1 October 2010; or

(b)a prohibited inducement has been given to the entity before 1 October 2010 for directing CTP insurance business to the licensed insurer on or after 1 October 2010.

(2)The arrangement is terminated, and is void and unenforceable, to the extent it makes provision for—

(a)the prohibited inducement; and

(b)directing CTP insurance business to the licensed insurer in return for the prohibited inducement.

(3)No compensation is payable to any person for the termination of the arrangement.

(4)The following are taken not to be in breach of the terminated arrangement—

(a)the licensed insurer, or person acting for the licensed insurer, for failing to give the prohibited inducement mentioned in subsection (2)(a) to the entity in accordance with the provisions of the terminated arrangement;

(b)the entity, for failing to direct the CTP insurance business to the licensed insurer in return for the prohibited inducement mentioned in subsection (1)(a) or (b) in accordance with the provisions of the terminated arrangement.

(5)If, before 1 October 2010, the entity has received an amount that on the commencement of this section becomes a prohibited inducement under a terminated arrangement, the entity within a reasonable period must repay the amount to the licensed insurer, or the person acting for a licensed insurer, who gave the amount to the entity.

(6)If the entity fails to repay an amount under subsection (5), the licensed insurer, or other person entitled to be repaid the amount, may recover it as a debt.

(7)In this section—

arrangement includes contract and agreement.

prohibited inducement means an inducement of a type mentioned in section 96(1) the giving or offering of which would be prohibited under section 96(1) if the arrangement were entered into on or after 1 October 2010.

terminated arrangement means the arrangement to which subsection (2) applies to the extent it is terminated by the subsection.

114   Termination of s 97(5) inducement

(1)This section applies if—

(a)before 1 October 2010, a licensed insurer, or other person acting for a licensed insurer, offered to give to a person an inducement to enter into or renew an insurance policy; and

(b)the offer would be prohibited under section 97(5) if made on or after 1 October 2010; and

(c)the inducement would, apart from this section, under the provisions of the arrangement relating to the offer, be given on or after 1 October 2010 to the person to whom the offer was made.

(2)The arrangement relating to the offer, to the extent it provides for the inducement, is terminated and is void and unenforceable.

(3)The licensed insurer, or other person acting for the licensed insurer, is taken not to be in breach of the arrangement for failing to give the inducement to the person to whom the offer was made.

(4)In this section—

arrangement includes contract and agreement.

Division 7 Transitional provisions for Motor Accident Insurance and Other Legislation Amendment Act 2019

115   Certificate matters apply to conduct on and after commencement

(1)This section applies if—

(a)a law practice is retained by a claimant before the commencement to act in relation to the claimant’s claim; and

(b)immediately before the commencement, the claim has not been settled, decided by a court or otherwise concluded.

(2)Despite section 36B, a law practice certificate for the claim that the supervising principal of the law practice may be required to complete and give to a person under section 36A, 36E, 37AB, 39A or 41A must state the matters in section 36B(2) to (4) only in relation to conduct on and after the commencement.

(3)In this section—

claimant includes a potential claimant.

supervising principal includes a person who is completing a certificate under section 36C.

116   Maximum amount of legal costs for claims does not apply to work starting before commencement

(1)This section applies if—

(a)a law practice is retained by a client before the commencement to act in relation to the client’s speculative motor accident claim; and

(b)the law practice continues to have the conduct of the claim on the commencement.

(2)Section 79 does not apply to the legal costs the law practice may charge and recover from the client for work done in relation to the claim.

(3)In this section—

legal costs see the Legal Profession Act 2007, section 346.

speculative motor accident claim means a claim or potential claim if the right of a law practice to charge and recover legal costs from the client who made the claim for work done is dependent on the client’s success in pursuing the claim.

Division 8 Transitional provisions for Justice and Other Legislation Amendment Act 2023

117   Definition for division

In this division—

new section 100A means section 100A as in force from the commencement.

118   First notice made by the Minister

(1)This section applies in relation to the first notice made by the Minister under new section 100A.

(2)For new section 100A(2) and (4), a reference to the amount last fixed by the Minister is taken to be a reference to the amount last prescribed by regulation for the limit.

119   Existing prescribed limits for particular definitions

(1)This section applies in relation to each amount that, immediately before the commencement, was prescribed by regulation as the declared costs limit, the lower offer limit or the upper offer limit for a period.

(2)The amount continues to have effect as if it had been fixed under new section 100A.

(3)The Minister may, for information only, include the amount in the notice made by the Minister under new section 100A.

Schedule Policy of insurance

section 23(1)

1   Extent of insurance cover

(1)This policy insures against liability for personal injury caused by, through or in connection with the insured motor vehicle anywhere in Australia.

(2)This policy extends to liability for personal injury caused by, through or in connection with a trailer attached to the insured motor vehicle or that results from the trailer running out of control after becoming accidentally detached from the insured motor vehicle.

(3)The liability mentioned in subsection (1) or (2)—

(a)is a liability for personal injury to which the Motor Accident Insurance Act 1994 applies; and

Note—

See section 5 of the Act.

(b)includes the liability of a tortfeasor to make a contribution to another tortfeasor who is also liable for the personal injury.

(4)This policy does not insure a person (the injured person) against injury, damage or loss—

(a)that arises independently of any wrongful act or omission; or

(b)to the extent that the injury loss or damage is attributable to the injured person’s own wrongful act or omission.

2   Insured person

The person insured by this policy is the owner, driver, passenger or other person whose wrongful act or omission in respect of the insured motor vehicle causes the injury to someone else and any person who is vicariously liable for the wrongful act or omission.

3   Exclusions

(1)This policy does not insure an employer against a liability to pay workers’ compensation.

(2)This policy does not insure an employer against a liability to pay damages for injury to an employee if—

(a)the injury arises from the employer’s failure to provide a safe system of work for the employee or the employer’s breach of some other duty of care to the employee; and

(b)neither the employer nor another employee of the employer was the driver of the motor vehicle at the time of the motor vehicle accident out of which the injury arose.

(3)This policy does not insure against a liability to pay exemplary, punitive or aggravated damages.

(4)This policy does not insure against a liability to pay damages for an injury that arises gradually from a series of incidents.