Motor Vehicles Insurance Act Amendment Act 1974 (Qld)

166 Quam1mibr ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 17 of 1974 An Act to amend the Motor Vehicles Insurance Act 1936-1971 in certain particulars [ASSENTED TO 18TH APRIL, 1974] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: - 1. Short title and citation . (1) This Act may bea cited as the Motor Vehicles Insurance Act Amendment Act 1974. (2) In this Act the Motor Vehicles Insurance Act 1936-1971 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Motor Vehicles Insurance Act 1936-1974. 2. Commencement of Act. This Act.shall come into operation on a date to be appointed by Proclamation.

Motor Vehicles Insurance Act Amendment Act 1974, No. 17 167 3. Amendment of s. 2 . Section 2 of the Principal Act is amended by omitting the definition " Licensed insurer " and substituting the following definition:- " " Licensed insurer "-A person who is for the time being approved under and for the purposes of this Act as a licensed insurer;". 4. New ss. 2A, 2B and 2C. The Principal Act is amended by inserting after section 2 the following sections:- " 2A. Current insurers as licensed insurers . A person who immediately before the commencement of the Motor Vehicles Insurance Act Amendment Act 1974 is a licensed insurer within the meaning of the Motor Vehicles Insurance Act 1936-1971 shall, upon such commencement, be taken to be approved as a licensed insurer and the provisions of section 2B (other than of subsections (1), (2) and (3) thereof) shall extend and apply to him as if he had been so approved under that section. 2B. Licensed insurers . (1) Any person carrying on the business of insurance in Queensland who is willing to undertake insurance business in terms of this Act may apply to the Insurance Commissioner to be approved as a licensed insurer. (2) The Insurance Commissioner may refuse to grant such approval or may grant such approval subject to such conditions (if any) as are prescribed. (3) The Insurance Commissioner shall cause notice of such approval to be published in the Gazette and such approval shall take effect on a date specified for the purpose by him in such notice. (4) Any such approval may be cancelled by the Insurance Commissioner after a notice specifying the grounds upon which the action is taken and the date (not being earlier than 14 days after the giving of such notice) upon which he proposes to cancel the approval has been served on the licensed insurer. Where pursuant to subsection (7) of this section, an appeal is lodged on or before the date specified in the notice, such approval shall not be cancelled unless and until the proposed cancellation is confirmed by the court or the appeal is for any reason dismissed. Without prejudice to the generality of the first paragraph of this subsection, the Insurance Commissioner may cancel an approval granted under this section to any person if such person has, in his capacity as a licensed insurer, been convicted of an offence against this Act. (5) A licensed insurer may, by notice in writing to the Insurance Commissioner, withdraw from insurance business in terms of this Act: Provided that such notice of withdrawal shall not take effect until a date (not being more than three months after the date when the notice of withdrawal is given) specified by the Insurance Commissioner by notice published in the Gazette. As from the date so specified the person giving the notice of withdrawal shall cease to be a licensed insurer.

168 - Motor Vehicles Insurance Act Amendment Act 1974, No. 17 (6) A cancellation of approval or a notice of withdrawal as aforesaid shall not affect- (a) any contract of insurance entered into for the purpose of this Act which is in force at the date upon which such cancellation or notice of withdrawal takes effect; (b) any liability as a licensed insurer accrued or incurred before the date upon which such cancellation or notice of withdrawal takes effect or incurred under any contract of insurance to which subparagraph (a) of this paragraph relates; (c) any obligation to renew (either immediately or at a future time) a contract of insurance entered into for the purpose of this Act imposed by this Act and had by a licensed insurer immediately before the date upon which such cancellation or notice of withdrawal takes effect; or (d) any liability as a licensed insurer accrued or incurred, either before or after the date upon which such cancellation or notice of withdrawal takes effect, by reason of the performance of the obligation to which subparagraph (c) of this paragraph relates. For the purposes of any such contract of insurance and for all purposes relating to such obligation and any such liability this Act shall extend to and in respect of the person referred to in the notification of cancellation or, as the case may be, the person who gave the notice of withdrawal in all respects as if he were a licensed insurer. (7) Where an application for approval as a licensed insurer has been refused or where the Insurance Commissioner gives notice of intention to cancel the approval of any person as a licensed insurer there shall be a right of appeal to the Supreme Court against such refusal or proposed cancellation. The jurisdiction of the Supreme Court in any appeal under this section may be exercised by any judge of that court. The decision of the court on any such appeal shall be final, and the Insurance Commissioner shall give effect to the same. Rules of court of the Supreme Court may be made prescribing all matters necessary or convenient to be prescribed for carrying this subsection into effect. 2C. Publication of information . The Insurance Commissioner and any member of his staff authorized by him in that behalf may communicate information and produce any document, which has come to the knowledge or into the possession of the Insurance Commissioner in connexion with the administration of this Act, to a person to whom, in the opinion of the Insurance Commissioner, it is in the public interest that the information be communicated or the document be produced and action shall not lie against the Insurance Commissioner or such authorized member on account of any such communication or production.".

Motor Vehicles Insurance Act Amendment Act 1974, No. 17 169 5. Amendment of s. 4D . Section 4D of the Principal Act is amended by omitting from subsection (3) the words " (b) A representative of insurers licensed under " The Insurance Act of 1960," elected as prescribed;" and substituting the words " (b) A representative of licensed insurers elected as prescribed;".