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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 4

Definitions

4 Definitions

In this Act—

"act of terrorism" see section 4B .

"administration fee" means the fee payable to transport administration for work done in the administration of the statutory insurance scheme.

"affected person" , in relation to a decision, for part 5A , see section 81 .

"affordability index" means 45% of Queensland full-time adult persons ordinary time earnings declared by the Australian Statistician in the original series of the statistician’s average weekly earnings publication most recently published.

"agricultural machine" means an agricultural machine for which registration is required under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 .

"assessment period" see section 13 (2) .

"associate" , of a law practice, see the Legal Profession Act 2007 , section 7 (1) .

"associated person" , for an investigated person, for part 5B , see section 87ZA .

"authorised person" , for part 5A , see section 81 .

"average weekly earnings" , for a financial year, means the amount of Queensland full-time adult persons ordinary time earnings declared by the Australian Statistician in the original series of the statistician’s average weekly earnings publication most recently published before the start of the financial year.

"barrister" see the Legal Profession Act 2007 , schedule 2 .

"claim" means a claim for damages based on a liability for personal injury arising out of a motor vehicle accident and, for a fatal injury, includes a claim on behalf of the deceased’s dependants or estate.

"claimant" means a person by whom, or on whose behalf, a claim is made.

Examples of claimants—
1 An attorney acts under an enduring power of attorney under the Powers of Attorney Act 1998 for a person injured in a motor vehicle accident. In this case, both the attorney (in the attorney's representative capacity) and the person for whom the attorney acts are regarded as claimants.
2 A guardian or an administrator acts under the Guardianship and Administration Act 2000 for a person injured in a motor vehicle accident. In this case, the guardian or administrator (in his or her representative capacity) and the injured person are regarded as claimants.

"class"
(a) of CTP insurance (or CTP insurance policies)—means CTP insurance (or CTP insurance policies) for a particular class of motor vehicles; or
(b) of motor vehicles—means a class of motor vehicles created by classification under a regulation.

"commission" means the Motor Accident Insurance Commission.

"commissioner" means the insurance commissioner.

"compulsory conference" see section 51A (1) .

"costs"
(a) when used in reference to legal costs, includes disbursements; and
(b) when used in reference to the costs of an insurer on a claim, includes—
(i) the amount paid out by the insurer on the claim to the claimant or for the claimant’s benefit, including—
(A) the cost to the insurer of providing rehabilitation services in connection with the claim; and
(B) the cost to the insurer of paying private hospital, medical and pharmaceutical expenses in connection with the claim; and
(ii) the cost to the insurer of investigating the claim and of litigation related to the claim (but not the insurer’s general administration costs).

"costs statement" see section 51B (6) (e) .

"court" , in relation to a claim, means—
(a) if a proceeding based on the claim has been brought—the court hearing the proceeding; or
(b) if no proceeding based on the claim has been brought—a court with jurisdiction to hear the claim.

"criminal history" , of a person, means the record of offences of which the person has been convicted in Queensland or elsewhere before or after the commencement of this Act.

"CTP" is an abbreviation of ‘compulsory third-party’.

"CTP insurance" see section 3 (a) .

"CTP insurance policy" means—
(a) a policy of insurance under this Act for a motor vehicle insuring against liability for personal injury caused by, through or in connection with the motor vehicle; or
(b) a policy of insurance, or a statutory indemnification, for a motor vehicle registered under the law of another State or a Territory, providing insurance, or indemnifying against liability, for personal injury caused by, through or in connection with the vehicle anywhere in Australia.

"declared costs limit" means the amount prescribed under a regulation as the declared costs limit.
Note—
Under section 100A , the Minister must make a recommendation about the amount to be prescribed.

"decision notice" , for part 5A , see section 87SD (1) .

"electronic document" , means a document of a type mentioned in the Acts Interpretation Act 1954 , schedule 1 , definition document , paragraph (c) .

"eligible person" means a person who, under the National Injury Act , section 12 , is eligible to participate in the injury insurance scheme.

"expression of regret" ...

"former Act" means the Motor Vehicles Insurance Act 1936 .

"GST" means the tax payable under the GST law.

"GST law" means—
(a) A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) ; and
(b) the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services.

"GVM" means gross vehicle mass.

"identity card" , for part 5A , see section 81 .

"industry deed" means an agreement, in the form approved by regulation, between the commission, transport administration, the Nominal Defendant and licensed insurers regulating the conduct of CTP insurance business and matters incidental to—
(a) the conduct of the business; or
(b) the statutory insurance scheme.
Editor’s note—
For a statement of the subjects that may be covered by the industry deed, see section 65 (Industry deed).

"information notice" , for an original decision, for part 5A , see section 81 .

"injured person" means a person who suffers personal injury because of a motor vehicle accident.

"injury insurance scheme" means the national injury insurance scheme, Queensland established under the National Injury Act , chapter 2 .

"injury insurance scheme levy" means the levy under the National Injury Act .

"insurance agency" means the National Injury Insurance Agency, Queensland established under the National Injury Act .

"insurance premium" means the gross premium for a CTP insurance policy (including levies and administration fee).

"insured motor vehicle" means a motor vehicle for which a CTP insurance policy is in force.

"insured person" means—
(a) a person who is insured under a CTP insurance policy or, if the person is dead, the person’s personal representative; or
(b) a person whose wrongful act or omission causes personal injury for which an action lies against the Nominal Defendant under this Act or, if the person is dead, the person’s personal representative.

"insurer’s premium" means an insurer’s consideration for providing insurance under a CTP insurance policy.

"internal review" , of an original decision, for part 5A , see section 87SA (1) .

"internal review decision" , for part 5A , see section 81 .

"investigated person" , for part 5B , see section 87ZA .

"investigator" , for part 5B , see section 87ZA .

"law practice" see the Legal Profession Act 2007 , schedule 2 .

"law practice certificate" see section 36B (1) .

"licence" means a licence under part 5 .

"licensed insurer" means an insurer that holds a licence, other than an insurer whose licence is under suspension.

"lower offer limit" means the amount prescribed under a regulation as the lower offer limit.
Note—
Under section 100A , the Minister must make a recommendation about the amount to be prescribed.

"mandatory final offer" see section 51C (2) .

"mobile machinery" has the meaning given by the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 .

"mobile machinery or equipment" ...

"motor vehicle" means a vehicle for which registration is required under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 and includes a trailer.

"motor vehicle accident" means an incident from which a liability for personal injury arises that is covered by insurance under the statutory insurance scheme.

"motor vehicle accident claim" ...

"National Injury Act" means the National Injury Insurance Scheme (Queensland) Act 2016 .

"non-medicinal drug" means a drug other than one genuinely and lawfully consumed for medical or therapeutic purposes.

"notice" , for part 5A , see section 81 .

"occupier" , of a place, for part 5A , see section 81 .

"of" , a place, for part 5A , see section 81 .

"offence warning" , for a requirement by an authorised person, for part 5A , see section 81 .

"officer" has the same meaning as in the Corporations Act .

"official panel of medical experts" see section 45A (1) (a) .

"original decision" , for part 5A , see section 81 .

"owner" , of a thing that has been seized under part 5A , see section 81 .

"participant" , in the injury insurance scheme, see the National Injury Act , section 14 (1).

"personal injury" includes—
(a) fatal injury; and
(b) prenatal injury; and
(c) damage to spectacles, contact lenses, dentures, hearing aids, crutches, wheelchairs, artificial limbs and prosthetic devices.

"person in control" , of a thing, for part 5A , see section 81 .

"place" , for part 5A , see section 81 .

"premises" , for part 5A , see section 81 .

"principal" , of a law practice, see the Legal Profession Act 2007 , section 7 (4) .

"public place"
(a) generally, has the meaning given by the Transport Operations (Road Use Management) Act 1995 ; and
(b) for part 5A , see section 81 .

"reasonably believes" means believes on grounds that are reasonable in the circumstances.

"reasonably suspects" means suspects on grounds that are reasonable in the circumstances.

"re-assessed period" ...

"registered operator" , of a motor vehicle, means a person recorded in the details of the registration of the vehicle as the registered operator or as the owner of the motor vehicle.

"registration" , of a motor vehicle, includes a permit, plate or other authorisation under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 permitting a motor vehicle to be used on a road without registration but does not include an authorisation under section 107 of that regulation.

"rehabilitation" means the use of medical, psychological, physical, social, educational and vocational measures (individually or in combination)—
(a) to restore, as far as reasonably possible, physical or mental functions lost or impaired through personal injury; and
(b) to optimise, as far as reasonably possible, the quality of life of a person who suffers the loss or impairment of physical or mental functions through personal injury.

"related body corporate" , for an insurer, has the meaning given by the Corporations Act .

"road" has the meaning given by the Transport Operations (Road Use Management) Act 1995 .

"self-insurer" means—
(a) the Commonwealth; or
(b) a State (other than Queensland) or a Territory that does not have its motor vehicles insured under CTP insurance policies.

"serious personal injury" see the National Injury Act , schedule 1 .

"share" of the market for CTP insurance business means a percentage, calculated by the commission under principles prescribed by regulation, representing the proportion that an insurer’s share of total CTP insurance premiums bears to the total premiums for CTP insurance policies of classes specified by regulation.

"statutory insurance scheme" means the insurance scheme established by this Act.

"trailer" means a vehicle without motive power designed to be hauled by a motor vehicle.

"supervising principal" , of a law practice in relation to a claim, means the principal of the law practice who has the primary responsibility for the conduct of the claim.

"transport administration" means—
(a) the chief executive of the department within which the Transport Planning and Coordination Act 1994 is administered; or
(b) a person who is, by delegation or direction of the chief executive, responsible for carrying out functions relevant to the administration of the statutory insurance scheme.

"treatment, care and support needs" , of a person, see the National Injury Act , section 8 .

"uninsured motor vehicle" means a motor vehicle for which there is no CTP insurance policy in force, other than a motor vehicle owned by a self-insurer or a trailer.

"upper offer limit" means the amount prescribed under a regulation as the upper offer limit.
Note—
Under section 100A , the Minister must make a recommendation about the amount to be prescribed.

"vehicle" , for part 5A , see section 81 .

"wrongful act or omission" includes a negligent act or omission.



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