Motor Accident Insurance Amendment Regulation (No. 1) 1995 (Qld)

Queensland Subordinate Legislation 1995 No. 98 Motor Accident Insurance Act 1994 MOTOR ACCIDENT INSURANCE AMENDMENT REGULATION (No. 1) 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 5 (Insurance premiums—Act, s 15) . . . . . . . . . . . . . . . . . . 2 5 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5A Change in vehicle class involving a higher premium . . . . . . . . . . . . 2 6 Amendment of s 6 (Insurance levies—Act, s 15) . . . . . . . . . . . . . . . . . . . . . 4 7 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6A Administration fee—Act, s 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Amendment of s 8 (Transactions between transport administration and insurers—Act, s 21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Amendment of s 9 (Returns and payment of levies and administration fee—Act, s 27) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

s1 2 s5 Motor Accident Insurance Amendment (No. 1) No. 98, 1995 ˙ Short title 1. This regulation may be cited as the Motor Accident Insurance Amendment Regulation (No. 1) 1995 . ˙ Commencement 2. This regulation commences on 1 July 1995. ˙ Regulation amended 3. This regulation amends the MotorAccidentInsuranceRegulation1994 . ˙ Amendment of s 5 (Insurance premiums—Act, s 15) 4.(1) Section 5(1), after ‘vehicles’— insert— ‘, for the financial year starting 1 July 1995,’. (2) Section 5(5) and (6)— omit. ˙ Insertion of new s 5A 5. After section 5— insert— ˙ ‘ Change in vehicle class involving a higher premium ‘ 5A.(1) This section applies to a proposed change to a registered motor vehicle or its use that would alter the vehicle’s class to a class for which a higher insurance premium is payable. ‘ (2) The registered owner must— (a) before the change is made— (i) give the vehicle’s insurer written notice of the change and when it is to be made; and

s5 3 s5 Motor Accident Insurance Amendment (No. 1) No. 98, 1995 (ii) pay the insurer the premium shortfall; and (b) as soon as practicable (and in any case not more than 1 month) after giving notice under paragraph (a), give transport administration a written notice— (i) identifying the vehicle and the registered owner; and (ii) stating the nature of the change to the vehicle or its use and when it was, or is to be, made; and (iii) containing or accompanied by a receipt or other evidence that the premium shortfall has been paid. ‘ (3) However, if the change is to happen on a transfer of the vehicle’s registration, transport administration may arrange with the owner to notify the vehicle’s insurer of the change on the owner’s behalf. ‘ (4) If an arrangement is made— (a) subsection (2) does not apply to the owner; and (b) transport administration must give the vehicle’s insurer written notice of the change and when it was made; and (c) the vehicle’s new owner must, on request by the insurer, pay the insurer the premium shortfall. ‘ (5) In this section— “premium shortfall” means the higher of the following amounts— (a) A x (P 2 — P 1 ); 12 (b) $10. “A” is the number of months in the period of registration remaining after the change (counting a period or remainder of less than 1 month as a full month). “P 1 ” is the annual premium for the vehicle’s present class. “P 2 ” is the annual premium for the vehicle’s class after the change.’.

s6 4 s8 Motor Accident Insurance Amendment (No. 1) No. 98, 1995 ˙ Amendment of s 6 (Insurance levies—Act, s 15) 6. Section 6(1), after ‘levies’— insert— ‘for the financial year starting 1 July 1995’. ˙ Insertion of new s 6A 7. After section 6— insert— ˙ ‘ Administration fee—Act, s 15 ‘ 6A.(1) This section applies for the financial year starting 1 July 1995. ‘ (2) The administration fee payable by a licensed insurer is the amount equal to 1.85% of the gross premiums paid for CTP insurance policies for motor vehicles for which the insurer is selected as the CTP insurer. ‘ (3) The administration fee is paid to transport administration in the following ways— (a) deduction by transport administration, under section 8(1)(b), 1 from amounts paid to the insurer; (b) payment by the insurer under section 9. 2 ’. ˙ Amendment of s 8 (Transactions between transport administration and insurers—Act, s 21) 8. Section 8(1)(b), ‘of 1.85%’— omit, insert— ‘based on the amount’. 1 Section 8 (Transactions between transport administration and insurers—Act, s 21). 2 Section 9 (Returns and payment of levies and administration fee—Act, s 27)

s9 5 s9 Motor Accident Insurance Amendment (No. 1) No. 98, 1995 ˙ Amendment of s 9 (Returns and payment of levies and administration fee—Act, s 27) 9. Section 9(1)(d), ‘of 1.85% of an’— omit, insert— ‘based on the’. ENDNOTES 1. Made by the Governor in Council on 20 April 1995. 2. Notified in the Gazette on 21 April 1995. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Motor Accident Insurance Commission. © State of Queensland 1995