Queensland Consolidated Acts

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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 81

Definitions for part

81 Definitions for part

In this part—

"affected person" , in relation to a decision, means—

(a) if the decision is an original decision—a person who must be given an information notice for the decision; or
(b) if the decision is an internal review decision—the person who applied for the internal review.

"authorised person" means a person who holds office under division 1 as an authorised person.

"decision notice" see section 87SD (1) .

"identity card" means an identity card given under section 87D .

"information notice" , for an original decision, means a written notice stating the following information—
(a) the decision;
(b) the reasons for the decision;
Note—
See the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons.
(c) that the person to whom the notice is given may ask for a review of the decision under this Act;
(d) how, and the period within which, the review may be started;
(e) how the person may apply for a stay of the operation of the decision.

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

"internal review decision" means a decision made, or taken to have been made, under section 87SC on an application for internal review of an original decision.

"notice" means a written notice.

"occupier" , of a place, includes the following—
(a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;
(b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;
(c) if no-one apparently occupies the place—any person who is an owner of the place.

"of" , a place, includes at or on the place.

"offence warning" , for a requirement by an authorised person, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement is made, not to comply with it.

"original decision" means a decision for which an information notice must be given under this part.

"owner" , of a thing that has been seized under this part, includes a person who would be entitled to possession of the thing had it not been seized.

"person in control" , of a thing, includes any person who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.

"place" includes the following—
(a) premises;
(b) vacant land;
(c) a place in Queensland waters;
(d) a place held under more than 1 title or by more than 1 owner;
(e) the land or water on or in which a building or other structure, or a group of buildings or other structures, is situated.

"premises" includes the following—
(a) a building or other structure;
(b) a part of a building or other structure;
(c) a caravan or vehicle;
(d) a cave or tent;
(e) premises held under more than 1 title or by more than 1 owner.

"public place" means a place, or part of a place—
(a) that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or
Examples of a place that may be a public place under paragraph (a)—
a beach, a park, a road
(b) the occupier of which allows, whether or not on payment of money, members of the public to enter.
Examples of a place that may be a public place under paragraph (b)—
a saleyard, a showground

"vehicle" —
(a) means a vehicle under the Transport Operations (Road Use Management) Act 1995 ; and
(b) includes a vessel under that Act.


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