Queensland Consolidated Acts

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 4

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 2021 .

"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.

(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.

(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).

(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.

(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.

Note—

Under section 100A , the Minister must make a recommendation about the amount to be prescribed.

(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.

(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).

(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.

Note—

Under section 100A , the Minister must make a recommendation about the amount to be prescribed.

(a) fatal injury; and

(b) prenatal injury; and

(c) damage to spectacles, contact lenses, dentures, hearing aids, crutches, wheelchairs, artificial limbs and prosthetic devices.

(a) generally, has the meaning given by the Transport Operations (Road Use Management) Act 1995 ; and

(b) for part 5A , see section 81 .

(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.

(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.

(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.

Note—

Under section 100A , the Minister must make a recommendation about the amount to be prescribed.