Motor Accident Insurance Amendment Regulation (No. 2) 2000 (Qld)

Queensland Subordinate Legislation 2000 No. 141 Motor Accident Insurance Act 1994 MOTOR ACCIDENT INSURANCE AMENDMENT REGULATION (No. 2) 2000 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Replacement of s 4 (Classification of motor vehicles) . . . . . . . . . . . . . . . . 3 4 Classification of motor vehicles for fixing insurance premiums . . . 3 6 Replacement of ss 5–6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Setting of insurer’s premiums—Act, ss 13 and 13A . . . . . . . . . . . . . 4 5A Insurer’s premium where registration period is more or less than 1 year—Act, s 13(4)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5B Levies and administration fee—Act, s 14A . . . . . . . . . . . . . . . . . . . . 5 5C Change in vehicle class involving a higher insurer’s premium . . . . 6 5D Change in vehicle class involving a lower insurer’s premium . . . . . 7 5E Refund on cancellation of registration . . . . . . . . . . . . . . . . . . . . . . . . 9 5F Refund by transport administration . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 Requirement to notify change of vehicle class that does not affect insurer’s premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7 Amendment of s 7 (Certificate of insurance—Act, s 21) . . . . . . . . . . . . . . . 10 8 Replacement of s 8 (Transactions between transport administration and insurers—Act, s 21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8 Gratuitous insurance—Act, s 23(7) . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 9 Replacement of s 9 (Returns and payment of levies and administration fee—Act, s 27) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 9 Rate of interest applicable to overdue amounts owed by an insurer to transport administration—Act, s 27A(3) . . . . . . . . . . . 11 10 Replacement of s 14 (Condition about market share—Act, s 64) . . . . . . . . 11 14 Condition about when licence takes effect—Act, s 64 . . . . . . . . . . 11 11 Replacement of sch 1 (Table of vehicle classes and CTP insurance premiums) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SCHEDULE 1 TABLE OF VEHICLE CLASSES SCHEDULE 1A TABLE OF LEVIES

s1 3 s5 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 ˙ Short title 1. This regulation may be cited as the Motor Accident Insurance Amendment Regulation (No. 2) 2000 . ˙ Commencement 2. This regulation commences on 1 October 2000. ˙ Regulation amended 3. This regulation amends the MotorAccidentInsuranceRegulation1994 . ˙ Amendment of s 3 (Definitions) 4. Section 3, definitions “gross premium”, “net premium” and “registered owner”— omit. ˙ Replacement of s 4 (Classification of motor vehicles) 5. Section 4— omit, insert— ˙ ‘ Classification of motor vehicles for fixing insurance premiums ‘ 4.(1) For fixing insurance premiums for CTP insurance, motor vehicles are divided into the classes specified in schedule 1. ‘ (2) If a particular motor vehicle falls within 2 or more of the classes specified in schedule 1, the vehicle’s class is taken to be the class attracting the highest insurance premium. ‘ (3) However— (a) if the motor vehicle is used only for primary production, the insurance premium is to be calculated on the basis appropriate to a vehicle used only for primary production (even though the vehicle may also belong to another class that attracts a higher insurance premium); and

s6 4 s6 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 (b) if a bus falls into class 9 and also class 10 or 11 (or both class 10 and 11) the bus is taken to fall into class 9 (and not class 10 or 11) if— (i) the bus is not likely to be used for a purpose that would result in its classification under class 10 or 11 for a period, or a number of separate periods, amounting to more than 14/365 of the total registration period; and (ii) before the bus is used for a purpose mentioned in subparagraph (i), the registered operator advises the insurer of the day or days on which the bus is to be used for that purpose and pays to the insurer a surcharge equal to $4 for each day the bus is to be used for that purpose or $10 (whichever is the higher amount).’. ˙ Replacement of ss 5–6A 6. Sections 5 to 6A— omit, insert— ˙ ‘ Setting of insurer’s premiums—Act, ss 13 and 13A ‘ 5.(1) The quarter starting on 1 October 2000 and each successive quarter is to be an assessment period. ‘ (2) The time limit for the insurer to submit to the commission the premiums set by the insurer for a particular assessment period is the time between the date on which the insurer receives notice of the limits of insurer’s premium fixed by the commission for each class of CTP insurance 1 and the date falling 14 weeks before the start of the relevant assessment period. ‘ (3) The time limit for the commission to record premiums set by an insurer for a particular assessment period, to give the insurer notice confirming the premiums set by the insurer and to notify transport administration of the premiums set by the insurer 2 is the date falling 12 weeks before the start of the relevant assessment period. 1 See section 13A(6)(b) of the Act. 2 See section 13A(9) of the Act.

s6 5 s6 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 ‘ (4) If a motor vehicle is to be used for racing, pacemaking, or in reliability, speed or other trials, the insurer may impose a surcharge of $10 for each day of the registration period on which the motor vehicle is to be used for the purpose. ‘ (5) A surcharge under subsection (4) is to be paid directly to the insurer and is not to be regarded as part of the insurance premium for the purposes of the provisions of the Act and this regulation dealing with the collection, disbursement and refund of insurance premiums. ˙ ‘ Insurer’s premium where registration period is more or less than 1 year—Act, s 13(4)(b) ‘ 5A.(1) If the period for which the registration of a motor vehicle (other than a vehicle excluded from the application of this subsection) is to be granted or renewed is 6 months or less, the insurer’s premium is to be increased by $7. ‘ (2) The following motor vehicles are excluded from the application of subsection (1)— (a) motor vehicles registered up to a common expiry date; (b) motor vehicles of class 22. 3 ‘ (3) If the insurer’s premium on a CTP policy for a motor vehicle registered for less than 1 year would, apart from this subsection, be less than $10, the insurer’s premium is increased to $10. ˙ ‘ Levies and administration fee—Act, s 14A ‘ 5B.(1) The levies for the financial year starting on 1 October 2000 are fixed under schedule 1A. ‘ (2) The administration fee for the financial year starting on 1 October 2000 is fixed at $7.60. ‘ (3) The levies fixed under subsection (1) and the administration fee fixed under subsection (2) are the amounts appropriate to a registration period of 1 year and, if the registration period is more or less than 1 year, the amount 3 Motor vehicles for which permits have been, or are to be, issued allowing the vehicles to be driven on roads while unregistered.

s6 6 s6 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 of a levy or the administration fee is worked out using the following formula— AxN 365 where— “A” is the amount of the levy fixed under subsection (1) or the amount of the administration fee fixed under subsection (2), as the case requires. “N” is the number of days in the registration period. ‘ (4) However, if the registration period is 6 months or less, a further amount of $1 is to be added to the amount of the administration fee calculated under subsection (3). ˙ ‘ Change in vehicle class involving a higher insurer’s premium ‘ 5C.(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 insurer’s premium would, assuming the change had happened before the relevant date, have been payable. ‘ (2) The registered operator 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 (ii) pay the insurer the premium shortfall; and (b) as soon as practicable (and in any case not more than 14 days) after giving notice under paragraph (a), give transport administration a written notice— (i) identifying the vehicle and the registered operator; 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. Maximum penalty—30 penalty units.

s6 7 s6 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 ‘ (3) However, if the change is to happen on a transfer of the vehicle’s registration, transport administration may arrange with the registered operator to notify the vehicle’s insurer of the change on the registered operator’s behalf. ‘ (4) If an arrangement is made— (a) subsection (2) does not apply to the registered operator; and (b) transport administration must give the vehicle’s insurer written notice of the change and when it was made; and (c) the new registered operator must, on request by the insurer, pay the insurer the premium shortfall. ‘ (5) In this section— “formula amount” means the amount worked out using the formula— A x (P 1 — P 2 ) 365 where— “A” means the number of days remaining in the vehicle’s registration period after the change. “P 1 ” means the annual insurer’s premium for the vehicle’s class after the change (calculated as at the relevant date). “P 2 ” means the annual insurer’s premium for the class under which the vehicle was insured before the change (calculated as at the relevant date). “premium shortfall” means the higher of the following amounts— (a) the formula amount; (b) $10. “relevant date” means the commencement of the registration period during which the relevant change to the registered motor vehicle or its use happens. ˙ ‘ Change in vehicle class involving a lower insurer’s premium ‘ 5D.(1) This section applies to a change or proposed change to a

s6 8 s6 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 registered motor vehicle or its use that changes the vehicle’s class to a class for which a lower insurer’s premium would, assuming the change had happened before the relevant date, have been payable. ‘ (2) However, this section applies only if the change is intended to be permanent. ‘ (3) The registered operator may ask for a refund of part of the insurer’s premium paid for the vehicle. ‘ (4) Before asking for a refund, the registered operator must give transport administration a written notice— (a) identifying the vehicle and the registered operator; and (b) stating the nature of the change to the vehicle or its use and when the change was, or is to be, made; and (c) if the change is a change in the use of the vehicle—giving enough details to show the change is intended to be permanent. ‘ (5) Transport administration may ask for any matter stated in the notice given under subsection (4) to be supported by statutory declaration. ‘ (6) A request for a refund must be made by giving the vehicle’s insurer a written notice— (a) stating the nature of the change to the vehicle or its use and when the change was, or is to be, made; and (b) containing or accompanied by evidence the change in class has been accepted by transport administration. ‘ (7) The insurer must give the registered operator a refund within 1 month after receiving the request. ‘ (8) However, an insurer is not required to give a refund if— (a) the applicant for the refund did not pay the insurance premium; or (b) the refund amount calculated under this section is less than $10; or (c) there has already been a refund for a change of class during the same registration period. ‘ (9) The amount of a refund under this section is to be worked out using the formula—

s6 9 s6 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 A x (P 1 — P 2 ) 365 where— “A” means the number of days remaining in the vehicle’s registration period after the change. “P 1 ” means the annual insurer’s premium for the class under which the vehicle was insured before the change (calculated as at the relevant date). “P 2 ” means the annual insurer’s premium for the vehicle’s class after the change (calculated as at the relevant date). ‘ (10) No right to the refund of a levy or administration fee arises on change of class of a registered motor vehicle during the registration period. ‘ (11) In this section— “relevant date” means the commencement of the registration period during which the relevant change to the registered motor vehicle or its use happens. ˙ ‘ Refund on cancellation of registration ‘ 5E.(1) If the registration of a motor vehicle is cancelled before the end of the registration period, the insurer of the vehicle must, at the request of— (a) the registered operator of the vehicle at the time of cancellation (the “former registered operator” ); or (b) transport administration; refund to the former registered operator, within 1 month of the request, the proportion of the insurer’s premium that the remainder of the registration period bears to the entire registration period. ‘ (2) A request for a refund under subsection (1) must be supported by a written statement from transport administration confirming the cancellation of the registration and the date of the cancellation. ‘ (3) An insurer is not required to give a refund if the refund amount calculated under this section is less than $10.

s 7 10 s 7 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 ‘ (4) No right to the refund of a levy or administration fee arises on cancellation of the registration of a motor vehicle. ˙ ‘ Refund by transport administration ‘ 5F. Transport administration may give a refund under this regulation on behalf of the insurer of a motor vehicle if— (a) transport administration has arranged with the insurer to give refunds on the insurer’s behalf; or (b) the commission has asked transport administration to give refunds on the insurer’s behalf. ˙ ‘ Requirement to notify change of vehicle class that does not affect insurer’s premium ‘ 6.(1) This section applies to a proposed change to a registered motor vehicle or its use that alters the vehicle’s class without affecting the insurer’`s premium that would, assuming the change had happened before the relevant date, have been payable. ‘ (2) The registered operator must, before or within 14 days after the change, give transport administration a written notice— (a) identifying the vehicle and registered operator; and (b) stating the nature of the change to the vehicle or its use and when the change was, or is to be, made. Maximum penalty—4 penalty units. ‘ (3) In this section— “relevant date” means the commencement of the registration period during which the relevant change to the registered motor vehicle or its use happens.’. ˙ Amendment of s 7 (Certificate of insurance—Act, s 21) 7. Section 7 (f), (g) and (h)— omit, insert—

s 8 11 s 10 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 ‘(f) the vehicle’s class for the purposes of CTP insurance; (g) the period for which the insurance premium has been paid; (h) the amount of the insurance premium paid;’. ˙ Replacement of s 8 (Transactions between transport administration and insurers—Act, s 21) 8. Section 8— omit, insert— ˙ ‘ Gratuitous insurance—Act, s 23(7) ‘ 8. For section 23(7) of the Act, motorised wheelchairs are a class of motor vehicles for which gratuitous insurance is provided by the Nominal Defendant.’. ˙ Replacement of s 9 (Returns and payment of levies and administration fee—Act, s 27) 9. Section 9— omit, insert— ˙ ‘ Rate of interest applicable to overdue amounts owed by an insurer to transport administration—Act, s 27A(3) ‘ 9. The rate of interest for section 27A(3) of the Act is the rate for 10 year Treasury bonds published by the Reserve Bank of Australia under ‘Interest rates and yields—capital market’, as at the beginning of the quarter in which the payment should have been made.’. ˙ Replacement of s 14 (Condition about market share—Act, s 64) 10. Section 14— omit, insert— ˙ ‘ Condition about when licence takes effect—Act, s 64 ‘ 14. A licence is subject to a condition that the licensed insurer is not to start carrying on business under the licence until the first day of the quarter next following the grant of the licence.’.

s 11 12 s 11 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 ˙ Replacement of sch 1 (Table of vehicle classes and CTP insurance premiums) 11. Schedule 1— omit, insert— ‘ SCHEDULE 1 ‘ TABLE OF VEHICLE CLASSES section 4 Vehicle class 1 2 3 4 5 6 7 Description of class Cars and station wagons Motorised homes (but not if the part of the motor vehicle designed for residence is detachable from the part providing the motive power) Taxis (cars and station wagons only) Hire vehicles that would otherwise fall within class 1, 2 or 6 Motor vehicles (including cycles) for use only as vintage, veteran, historic or street rod motor vehicles Trucks, utilities and vans (including panel vans) with a gross vehicle mass of 4.5 t or less Trucks, prime movers and vans with a gross vehicle mass of more than 4.5 t

s 11 13 s 11 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 8 Buses that are— (a) exempt or partially exempt from payment of vehicle registration fees on the basis of use for charitable or community service; or (b) used only for driver tuition; or (c) not used for or in connection with a business or commercial purposes 9 Buses used substantially for transporting— (a) children, mature age students, teachers, other school employees and parents to or from school or school events; or (b) persons of any age to or from centres for therapy, rehabilitation, or remedial or other special education; (but a bus is not taken to be used substantially for transporting passengers of these classes if it carries a number of passengers of some other class or classes that is more than 10% of its adult passenger seating capacity) 10 Buses that are not within class 8 or class 9, but are to be used within 350 km of a nominated base 11 Buses that are not within class, 8, 9, or 10 12 Motor cycles (with 2 wheels or 3 wheels), including motorcycles for hire, with seating only for the driver 13 Motor cycles (with 2 or 3 wheels), including motorcycles for hire, with either or both of the following— (a) seating for a pillion passenger; (b) a sidecar. 14 Tractors (with or without attachment)

s 11 14 s 11 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 15 Self-propelled machinery or equipment, fire engines, bush fire brigade vehicles, and other emergency vehicles (other than ambulances) 16 Ambulances 17 Motor vehicles used only for primary production (other than motor vehicles for which a lower premium is prescribed) 18 4 19 Motor vehicles with a gross vehicle mass of 1 t or less for which limited use plates have been, or are to be, issued 20 Motor vehicles with a gross vehicle mass of more than 1 t, for which limited use plates have been or are to be issued 21 5 22 Motor vehicles (other than trailers) for which permits have been, or are to be, issued allowing the vehicles to be driven on roads while unregistered 23 Motor vehicles (other than trailers) to be driven with a dealer's plate attached in the course of a business for which the dealer's plate is issued 24 Trailers registered under the Interstate Road Transport Act 1985 (Cwlth) or trailers with a GVM of more than 4.5 t for which a supplementary policy (within the meaning of s 31(5) of the Act) is sought. 25 6 4 Class 18 has been abolished. 5 Class 21 has been abolished. 6 Class 25 has been abolished.

s 11 15 s 11 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 ‘ SCHEDULE 1A ‘ TABLE OF LEVIES section 5B Class of CTP insurance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Statutory Insurance Scheme Levy $ 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Hospital and Emergency Services Levy $ 7.00 7.00 14.00 14.00 1.00 7.00 14.00 7.00 7.00 14.00 14.00 2.00 7.00 2.00 2.00 7.00 3.50 Nominal Defendant Levy $ 12.40 12.40 24.80 24.80 2.00 12.40 24.80 12.40 12.40 24.80 24.80 4.00 12.40 4.00 4.00 12.40 6.20

s 11 16 s 11 Motor Accident Insurance Amendment (No. 2) No. 141, 2000 18 7 19 20 21 8 22 23 24 25 9 ’. 1.00 1.00 1.00 1.00 1.00 1.00 2.00 1.00 2.00 1.00 2.00 7.00 12.40 2.00 4.00 ENDNOTES 1. Made by the Governor in Council on 29 June 2000. 2. Notified in the gazette on 30 June 2000. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Treasury Department. © State of Queensland 2000 7 Class 18 has been abolished. 8 Class 21 has been abolished. 9 Class 25 has been abolished.