Queensland Consolidated Acts

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 33

33 Nominal Defendant as the insurer

(1) The Nominal Defendant’s liability for personal injury caused by, through or in connection with a motor vehicle is the same as if the Nominal Defendant had been, when the motor vehicle accident happened, the insurer under a CTP insurance policy under this Act for the motor vehicle.

(2) If the insurer under a CTP insurance policy becomes insolvent, the Nominal Defendant becomes the insurer under CTP policies in force under this Act for which the insolvent insurer was formerly the insurer unless the policies are transferred to some other licensed insurer.

(3) The Nominal Defendant is liable for personal injury arising out of a motor vehicle accident outside Queensland only if—

(a) the liability arises under subsection (2) ; or

(b) the personal injury is caused by, through or in connection with a motor vehicle that is gratuitously insured under section 23 (7) .

(4) Subject to subsection (5) , if the Nominal Defendant Fund proves insufficient to meet the liabilities of the Nominal Defendant under subsection (2) , the commissioner must make payments from the Motor Accident Insurance Fund to meet the deficiency.

(5) The total payments from the Motor Accident Insurance Fund under subsection (4) and under section 106 (4) , including payments made under section 106 (4) before the commencement of this subsection, can not be more than the amount that was transferred to the fund under section 106 (3) .

(6) If an amount is recovered or received by the Nominal Defendant, by way of an action or a claim relating to the insolvency of an insurer under a CTP insurance policy, the Treasurer may, by written notice to the Nominal Defendant, direct it to transfer an amount, not exceeding the amount recovered or received, to the Motor Accident Insurance Fund.

Editor’s note—

See section 61 (Nominal Defendant’s rights of recourse against insurer).

(7) However, the total amount the Treasurer may direct the Nominal Defendant to transfer to the Motor Accident Insurance Fund from all the amounts recovered or received relating to an insolvent insurer, as mentioned in subsection (6) , must not exceed the total payments from the fund made by the commissioner under subsection (4) relating to that insolvent insurer.