Queensland Consolidated Acts

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 39A

39A Duty to give law practice certificate if waiver or presumption

(1) This section applies if—

(a) a claimant gives notice of the claimant’s claim that does not comply with section 37 (1) (d) (i) ; and

(b) the insurer for the claim—

(i) waives compliance with the requirements under this division for giving notice of the claim; or

(ii) is presumed to be satisfied notice has been given as required under this division.

(2) If the supervising principal of a law practice or a person mentioned in section 36C (2) acting for the supervising principal gave the claimant a law practice certificate for the claim under section 36A but the claimant has not given the certificate to the insurer, the supervising principal must give a copy of the certificate to the insurer as soon as practicable.

(3) Subsection (4) applies if—

(a) the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim or a person mentioned in section 36C (2) acting for the supervising principal did not give the claimant a law practice certificate for the claim under section 36A ; and

(b) the claimant has not subsequently given the insurer a law practice certificate for the claim from the supervising principal or the person.

(4) The supervising principal must, within a month after the claimant is notified of the waiver or the presumption takes effect—

(a) complete a law practice certificate for the claim; and

(b) give the certificate to the insurer and a copy of the certificate to the claimant.

Penalty—

Maximum penalty for subsection (4) —300 penalty units.

Note—

See also section 36C .