Motor Accident Insurance Amendment Regulation (No. 2) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 247 Motor Accident Insurance Act 1994 MOTOR ACCIDENT INSURANCE AMENDMENT REGULATION (No. 2) 2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 2—AMENDMENT OF MOTOR ACCIDENT INSURANCE REGULATION 1994 3 Regulation amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of sch 2 (Motor Accident Insurance Act 1994 Industry Deed). 2 PART 3—AMENDMENT OF MOTOR ACCIDENT INSURANCE AMENDMENT REGULATION (No. 3) 2000 6 Regulation amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Amendment of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Replacement of s 10 (Amendment of sch 1 (Table of vehicle classes)) . . . . 5 10 Amendment of sch 1 (Table of vehicle classes). . . . . . . . . . . . . . . . . 5

s1 2 s5 Motor Accident Insurance Amendment Regulation No. 247, 2002 (No. 2) 2002 PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Motor Accident Insurance Amendment Regulation (No. 2) 2002 . 2 Commencement Section 4 commences on 1 April 2003. PART 2—AMENDMENT OF MOTOR ACCIDENT INSURANCE REGULATION 1994 3 Regulation amended in pt 2 This part amends the Motor Accident Insurance Regulation 1994. 4 Amendment of s 3 (Definitions) Section 3— insert — ‘ “registered for limited use” means registered for limited use under the Transport Operations (Road Use Management—Vehicle Registration)Regulation 1999, 1 section 22.’. 5 Amendment of sch 2 (Motor Accident Insurance Act 1994 Industry Deed) (1) Schedule 2, section 2— insert — 1 TransportOperations(RoadUseManagement—VehicleRegistration)Regulation1999 , section 22 (Limited use registration)

s5 3 s5 Motor Accident Insurance Amendment Regulation No. 247, 2002 (No. 2) 2002 ‘ “contributing insurer” means a licensed insurer for whom another licensed insurer is acting as claim manager for a claim. “contribution notice” see section 10(2).’. (2) Schedule 2, sections 10 to 19— renumber as sections 12 to 20. (3) Schedule 2, section 9— omit, insert — ‘9 Agreement for giving information about, and payment of, share of claim costs ‘ (1) Licensed insurers may enter into an agreement about how a claim manager is to give a contributing insurer information about claim costs and payment of the contributing insurer’s share of the claim costs. ‘ (2) However, the information must be given to a contributing insurer at intervals of not more than 6 months. ‘ (3) Also, a contributing insurer must pay the full contribution payable by the insurer to the claim manager within 6 months after the claim is finalised. ‘10 If there is no dispute under s 5 and no agreement mentioned in s 9(1) ‘ (1) This section applies if, for a claim— (a) there is no dispute about which insurer is to be the claim manager or the basis on which claim costs are to be shared; and (b) 1 of the insurers for the claim has not entered into an agreement mentioned in section 9(1). ‘ (2) The claim manager must, within 6 months after the claim manager receives the claim, and at intervals of not more than 6 months, give each contributing insurer a written notice (a “contribution notice” )— (a) identifying the claim for which the claim manager is acting as claim manager for the contributing insurer; and (b) stating the claim costs incurred during the period— (i) for the first report—since receiving the claim; and (ii) for another report—since the previous report was given; and

s6 4 s6 Motor Accident Insurance Amendment Regulation No. 247, 2002 (No. 2) 2002 (c) stating the name of all the contributing insurers from whom a contribution is claimed; and (d) stating the amount of the contribution and the amount, if any, the claim manager requires to be paid; and (e) giving details and supporting information in a form required by the commission. ‘ (3) Each contributing insurer must, within 1 month after receiving the contribution notice, pay the claim manager the amount, if any, required to be paid. ‘11 If there is a dispute under s 5 and no agreement mentioned in s 9(1) ‘ (1) This section applies if, 6 months after an insurer receives a claim— (a) there is a dispute about which insurer is to be claim manager for the claim or the basis on which claim costs are to be shared; and (b) 1 of the insurers for the claim has not entered into an agreement mentioned in section 9(1). ‘ (2) When the dispute is resolved, the claim manager must, within 1 month after the day it is resolved, and at intervals of not more than 6 months, give each contributing insurer a contribution notice. ‘ (3) Each contributing insurer must, within 1 month after receiving the contribution notice, pay the claim manager the amount, if any, required to be paid.’. PART 3—AMENDMENT OF MOTOR ACCIDENT INSURANCE AMENDMENT REGULATION (No. 3) 2000 6 Regulation amended in pt 3 This part amends the MotorAccidentInsuranceAmendmentRegulation (No. 3) 2000.

s7 5 s8 Motor Accident Insurance Amendment Regulation No. 247, 2002 (No. 2) 2002 7 Amendment of s 2 (Commencement) Section 2(2), ‘1 October 2002’— omit, insert — ‘1 April 2003’. 8 Replacement of s 10 (Amendment of sch 1 (Table of vehicle classes)) (1) Section 10— omit, insert — ‘10 Amendment of sch 1 (Table of vehicle classes) ‘ (1) Schedule 1, items 14 and 15— omit, insert — ‘14 Tractors, with or without attachment, registered for limited use on the basis that use of the motor vehicle is not restricted— (a) to specified locations; or (b) within specified zones 15 (a) Self-propelled machinery, other than a vehicle of class 14, 18, 19 or 20; and (b) Fire engines, bush fire brigade vehicles and other emergency vehicles other than ambulances’. ‘ (2) Schedule 1, items 18, 19 and 20— omit, insert — ‘18 Self-propelled machinery, other than a vehicle of class 14, 15, 19 or 20, registered for limited use on the basis that use of the motor vehicle is not restricted— (a) to specified locations; or (b) within specified zones 19 Motor vehicles registered for limited use on the basis that the use of the motor vehicles is restricted to specified locations 20 Motor vehicles registered for limited use on the basis that the use of the motor vehicles within specified zones is restricted’.’.

6 Motor Accident Insurance Amendment Regulation No. 247, 2002 (No. 2) 2002 ENDNOTES 1. Made by the Governor in Council on 26 September 2002. 2. Notified in the gazette on 27 September 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Treasury Department. © State of Queensland 2002