Motor Accident Insurance Legislation Amendment Regulation (No. 1) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 75 Motor Accident Insurance Act 1994 MOTOR ACCIDENT INSURANCE LEGISLATION AMENDMENT REGULATION (No. 1) 1996 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 s 5 (Insurance premiums—Act, s 15) . . . . . . . . . . . . . . . . . . 2 6 Amendment of s 6 (Insurance levies—Act, s 15) . . . . . . . . . . . . . . . . . . . . . 3 7 Amendment of s 6A (Administration fee—Act, s 15) . . . . . . . . . . . . . . . . . 4 8 Amendment of s 9 (Returns and payment of levies and administration fee—Act, s 27) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Replacement of schedule 1 (Table of vehicle classes and CTP insurance premiums) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE 1 TABLE OF VEHICLE CLASSES AND CTP INSURANCE PREMIUMS PART 3—REPEAL 10 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

s1 2 s5 Motor Accident Insurance Legislation Amendment (No. 1) No. 75, 1996 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Motor Accident Insurance Legislation Amendment Regulation (No. 1) 1996 . ˙ Commencement 2. This regulation commences on 1 July 1996. PART 2—AMENDMENT OF MOTOR ACCIDENT INSURANCE REGULATION 1994 ˙ Regulation amended in pt 2 3. This part amends the Motor Accident Insurance Regulation 1994 . ˙ Amendment of s 3 (Definitions) 4. Section 3— insert— ‘ “bus” means a motor vehicle principally constructed to carry more than 8 seated adult persons including the driver.’. ˙ Amendment of s 5 (Insurance premiums—Act, s 15) 5.(1) Section 5(1), ‘1995’— omit, insert— ‘1996’. (2) Section 5(3), ‘$76’— omit, insert—

s6 3 s6 Motor Accident Insurance Legislation Amendment (No. 1) No. 75, 1996 ‘$106’. (3) Section 5— insert— ‘ (5) Subsection (6) applies to a bus if— (a) it is used for purposes causing it to fall into class 9; but (b) it is also used for purposes ( “other purposes” ) causing it to fall into— (i) class 10; or (ii) class 11; or (iii) classes 10 and 11. ‘ (6) A bus to which this subsection applies is taken to fall into class 9, but not into class 10 or 11, if— (a) the bus is used for other purposes on not more than 14 days (whether or not consecutive) during the currency of its CTP insurance policy; and (b) before the bus is used for other purposes on 1 or more days, the registered owner— (i) advises the insurer of the day or days on which the bus is to be used for other purposes; and (ii) pays the insurer a surcharge equal to the higher of the following amounts— (A) $4 for each day the bus is to be used for other purposes; (B) $10.’. ˙ Amendment of s 6 (Insurance levies—Act, s 15) 6.(1) Section 6(1), ‘1995’— omit, insert— ‘1996’.

s7 4 s9 Motor Accident Insurance Legislation Amendment (No. 1) No. 75, 1996 (2) Section 6(1)(a), ‘0.75%’— omit, insert— ‘0.625%’. ˙ Amendment of s 6A (Administration fee—Act, s 15) 7.(1) Section 6A(1), ‘1995’— omit, insert— ‘1996’. (2) Section 6A(2), ‘1.85%’— omit, insert— ‘1.575%’. ˙ Amendment of s 9 (Returns and payment of levies and administration fee—Act, s 27) 8. Section 9(4)— omit, insert — ‘ (4) The appropriate rate of interest 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 schedule 1 (Table of vehicle classes and CTP insurance premiums) 9. Schedule 1— omit, insert—

s9 5 s9 Motor Accident Insurance Legislation Amendment (No. 1) No. 75, 1996 ‘ SCHEDULE 1 ‘ TABLE OF VEHICLE CLASSES AND CTP INSURANCE PREMIUMS sections 4 and 5 Class 1 Description of class 1 Cars and station wagons Annual CTP premium 2 $ 235.50 1 Vehicles in 2 or more classes If a particular motor vehicle falls within 2 or more classes specified in the table of vehicle classes, the annual insurance premium is the highest fixed for any of the classes (see section 5(2)). However, if a vehicle is used only for primary production, the annual premium is subject to an upper limit of $106 (see footnote 5). 2 CTP premiums The CTP premium includes 10c stamp duty. If the registration period is less than 1 year, the premium is a proportion of the annual premium. However, the premium cannot be less than $10 (see section 5(4)). A motor vehicle within class 9 may be used for not more than 14 nominated days (the days need not be consecutive) during the currency of its CTP insurance policy for other purposes that would place the vehicle within class 10 or 11 if the registered owner pays the insurer of the vehicle a surcharge equal to the higher of the following amounts— (a) $4 for each day of changed usage; (b) $10 (see section 5(6)). If a motor vehicle is to be used for racing, pacemaking, or in reliability, speed or other trials, the premium is increased by a surcharge of $10 for each day of the registration period on which the motor vehicle is to be used for the purpose (see section 5(10)).

s9 6 s9 Motor Accident Insurance Legislation Amendment (No. 1) No. 75, 1996 2 Motorised homes (but not if the part of the motor vehicle designed for residence is detachable from the part providing the motive power) 235.50 3 Taxis (cars and station wagons only) 848.00 4 Hire vehicles that would otherwise fall within class 1, 2 or 6 801.00 5 Motor vehicles (including cycles) for use only as vintage, veteran, historic or street rod motor vehicles 21.00 6 Trucks, utilities and vans (including panel vans) with a gross vehicle mass of 4.5 t or less 235.50 7 Trucks, prime movers and vans with a gross vehicle mass of more than 4.5 t 659.00 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 purpose 3 235.50 3 Buses “Bus” means a motor vehicle principally constructed to carry more than 8 seated adult persons including the driver (see section 3).

s9 7 s9 Motor Accident Insurance Legislation Amendment (No. 1) No. 75, 1996 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 235.50 passenger seating capacity) 3 10 Buses that are not within class 8 or 256.00 + [$20.00 class 9, but are to be used within x (APSC 4 - 7)] 150 km of a nominated base 3 11 Buses that are not within class 8, 9 $ 2 5 6 . 0 0 + or 10 3 [$46.00 x (APSC 4 - 7)] 12 Motorcycles (with 2 wheels or 3 wheels), including motorcycles for hire, with seating only for the driver 57.00 13 Motorcycles (with 2 wheels or 3 wheels), including motorcycles for hire, with either or both of the following— (a) seating for a pillion passenger; (b) a sidecar 235.50 4 APSC APSC is a number representing the adult passenger seating capacity of a bus.

s9 8 s9 Motor Accident Insurance Legislation Amendment (No. 1) No. 75, 1996 14 Tractors (with or without attachment) 66.00 15 Self-propelled machinery or equipment, fire engines, bush fire brigade vehicles, and other emergency vehicles (other than ambulances) 66.00 16 Ambulances 235.50 17 Motor vehicles used only for primary production (other than motor vehicles for which a lower premium is prescribed) 5 106.00 18 Motorised wheelchairs nil 19 Motor vehicles with a gross vehicle mass of 1 t or less, for which limited use plates have been, or are 21.00 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 21.00 21 Recreation vehicles registered under the Motor Vehicles Control Act 1975 118.00 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 $21.00 plus $1.00 for each day of the term of the permit 5 Vehicles used only for primary production If the annual insurance premium fixed by the table for a vehicle used only for primary production is more than $106, the insurance premium is $106 (see section 5(3)). “Primary production” means the production of raw material for clothing or food from agriculture, viticulture, dairying, livestock production, or fishing, or the growing of tobacco (see section 3).

s 10 9 s 10 Motor Accident Insurance Legislation Amendment (No. 1) No. 75, 1996 23 Motor vehicles to be driven with a dealer’s plate attached in the course of a business for which the dealer’s plate is issued 235.50 24 Trailers registered under the Interstate Road Transport Act 1985 (Cwlth) 6 25 Other trailers 6 235.50 nil’. PART 3—REPEAL ˙ Repeal 10. The Motor Accident Insurance Legislation Amendment Regulation(No. 2) 1995 is repealed. 6 Trailers If a person is required to register a trailer under the Interstate Road Transport Act 1985 (Cwlth), CTP insurance must be obtained under class 24. The Motor Accident Insurance Act 1994 establishes a scheme under which the insurer of a motor vehicle is the insurer of a trailer (other than a trailer for which CTP insurance is required under class 24) if personal injury is caused by, through or in connection with, the trailer while it is attached to the vehicle, or when it becomes accidentally detached from the vehicle. In other cases, the Nominal Defendant is the insurer if the motor vehicle accident happens in Queensland. A person who may take a trailer outside Queensland should consider obtaining insurance cover for personal injury caused by, through or in connection with, the trailer.

10 Motor Accident Insurance Legislation Amendment (No. 1) No. 75, 1996 ENDNOTES 1. Made by the Governor in Council on 24 April 1996. 2. Notified in the gazette on 26 April 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Motor Accident Insurance Commission. © State of Queensland 1996