MOTOR ACCIDENT INJURIES ACT 2019
Table of Provisions
CHAPTER 1--PRELIMINARY
PART 1.1--PRELIMINARY
- 1 Name of Act
- 3 Dictionary
- 4 Notes
- 5 Offences against Act—application of Criminal Code etc
- 6 Objects of Act
- 7 Application of Act
PART 1.2--IMPORTANT CONCEPTS
Division 1.2.1--Injury concepts
- 8 Meaning of person injured in a motor accident
- 9 Meaning of personal injury
- 10 Meaning of motor accident
- 11 Meaning of use motor vehicle
- 12 Meaning of permanent impairment
- 13 Meaning of whole person impairment (or WPI)
- 14 Meaning of independent medical examiner (or IME)
- 15 Authorisation of IME providers
Division 1.2.2--Insurance concepts
- 16 Meaning of nominal defendant
Division 1.2.3--Indexation concepts
- 17 Meaning of average weekly earnings (or AWE)
- 18 Meaning of AWE indexed for amount
- 19 Indexation of defined benefits and quality of life damages
Division 1.2.4--Duties in relation to motor accidents
- 20 Duty to act in good faith—applicants, claimants and
- 21 Obligation to cooperate with MAI insurer—responsible person and
PART 1.3--MOTOR ACCIDENT INJURIES COMMISSION
- 22 Establishment of commission
- 23 Constitution of commission
- 24 Appointment of MAI commissioner
- 25 Functions of MAI commission
- 26 Functions of MAI commissioner
- 27 Meaning of staff of the MAI commission
- 28 MAI commission employed staff
- 29 MAI commission consultants and contractors
- 30 Delegation by MAI commission
- 31 Delegation by MAI commissioner
- 32 MAI commission arrangements for staff and facilities
CHAPTER 2--MOTOR ACCIDENT INJURIES—DEFINED BENEFITS
PART 2.1--INTERPRETATION--CH 2
- 33 Meaning of defined benefits
- 34 Meaning of relevant insurer for motor accident
- 35 Meaning of full and satisfactory explanation by applicant—ch
- 36 Meaning of person who died as a result of a motor accident
PART 2.2--DEFINED BENEFITS--ENTITLEMENT
Division 2.2.1--Entitlement to defined benefits
- 38 Person injured in motor accident entitled to defined benefits
- 39 Defined benefits payable by relevant insurer
- 40 Payment of defined benefits by interstate relevant insurer
Division 2.2.2--Limitations and exceptions to entitlement
- 41 Meaning of driving offence
- 42 Definitions—div 2.2.2
- 43 Entitlement limited—uninsured motor vehicle
- 44 Entitlement limited—single driving offence
- 45 No entitlement—multiple driving offences
- 46 Entitlement limited—injuries self-inflicted
- 47 Entitlement limited—detainees and young detainees
- 48 No entitlement—serious offences
- 49 No entitlement—act of terrorism
- 50 Entitlement limited—workers compensation claimant
Division 2.2.3--End of entitlement to certain benefits
- 51 When entitlement to certain benefits ends
PART 2.3--APPLICATION FOR DEFINED BENEFITS
Division 2.3.1--Communicating with people in relation to motor accidents
- 52 Information and support for applicants for defined
Division 2.3.2--Application for defined benefits
Subdivision 2.3.2.1--Definitions—pt 2.3- 53 Meaning of information—pt 2.3
- 54 Meaning of authority to disclose personal health information Subdivision 2.3.2.2--Making an application for defined benefits
- 55 Who may apply for defined benefits?
- 56 Application for defined benefits—contents
- 57 Application for defined benefits—authority to disclose personal health
- 58 Meaning of application period—ch 2
- 59 Application for defined benefits—must be made within application
- 60 Application for defined benefits—action following receipt
Division 2.3.3--Payment of allowable expenses
- 61 Meaning of allowable expenses—ch 2
- 62 Allowable expenses—relevant insurer must pay
- 63 Allowable expenses—MAI guidelines
- 64 Allowable expenses—relevant insurer later rejects liability for defined
Division 2.3.4--Accepting or rejecting liability for defined benefits
- 65 Relevant insurer must decide liability for defined benefits
- 66 Accepting liability—payment of defined benefits
- 67 Rejecting liability
- 68 Insurer may change decision about accepting or rejecting liability
Division 2.3.5--Transfer of application to another insurer
Division 2.3.6--Miscellaneous—pt 2.3
- 71 Fraudulent applications or requests
- 72 Recovery of amounts paid for defined benefits
- 73 Application for defined benefits—notification of claim under workers compensation
PART 2.4--DEFINED BENEFITS--INCOME REPLACEMENT BENEFITS
Division 2.4.1--Income replacement benefits—important concepts
- 74 Definitions—pt 2.4
- 75 Meaning of income replacement benefit payment—pt 2.4
- 76 Meaning of gross income—pt 2.4
- 77 Meaning of net income—pt 2.4
- 78 Meaning of paid work—pt 2.4
- 79 Meaning of capable of being in paid work—pt 2.4
- 80 Meaning of pre-injury income
- 81 Meaning of pre-injury weekly income—ongoing employee or fixed term
- 82 Meaning of pre-injury weekly income—self-employed
- 83 Meaning of pre-injury weekly income—casual worker
- 84 Meaning of pre-injury weekly income—person receiving workers
- 85 Meaning of pre-injury earning capacity—person on unpaid
- 86 Meaning of pre-injury earning capacity—person with new work
- 87 Meaning of pre-injury earning capacity—full-time
- 88 Pre-injury weekly income and pre-injury earning
Division 2.4.2--Income replacement benefits—entitlement
- 89 Who is entitled to income replacement benefits?
- 90 Limited entitlement to income replacement benefits—pension-aged injured
- 91 No entitlement to income replacement benefits—death of injured
- 92 No entitlement to income replacement benefits—damages already
Division 2.4.3--Income replacement benefits—payments
- 93 Definitions—div 2.4.3
- 94 Meaning of AWE adjusted—div 2.4.3
- 95 Adjustment of pre-injury income
- 96 Amount of income replacement benefits—first payment period
- 97 Amount of income replacement benefits—second payment period
- 98 Amount of income replacement benefits—injured person receiving workers
- 99 Payment of increments—apprentice, trainee or young person
- 100 Injured person's post-injury earning capacity
- 101 Income replacement benefits—period payable
- 102 Income replacement benefits—payable fortnightly
- 103 Income replacement benefits—interim weekly payments
Division 2.4.4--Income replacement benefits—injured person's obligations
- 104 Requirement for evidence in relation to fitness for work etc
- 105 Suspension of benefit payments—failure to comply with request for
- 106 Offence—failure to notify changed circumstances
- 107 Notice required to reduce or stop income replacement benefit
Division 2.4.5--Income replacement benefits—miscellaneous
- 108 Income replacement benefits not commutable to lump sum
- 109 Employer reimbursement for paid leave
PART 2.5--DEFINED BENEFITS--TREATMENT AND CARE BENEFITS
Division 2.5.1--Preliminary
- 110 Meaning of treatment and care
- 111 Meaning of rehabilitation
Division 2.5.2--Treatment and care benefits—entitlement
- 112 Who is entitled to treatment and care benefits?
- 113 Meaning of treatment and care expenses—ch 2
- 114 Meaning of domestic services expenses—pt 2.5
- 115 Meaning of travel expenses—pt 2.5
- 116 No entitlement to treatment and care benefits—allowable expenses already
- 117 No entitlement to treatment and care benefits—damages already
- 118 No entitlement to treatment and care benefits—LTCS scheme
- 119 Treatment and care benefits not payable in certain circumstances
- 120 Deciding whether treatment and care is reasonable and necessary
Division 2.5.3--Treatment and care benefits—assessment
- 121 Assessment of injured person's injuries
Division 2.5.4--Treatment and care benefits—recovery plans
- 122 Meaning of recovery plan—pt 2.5
- 123 Treatment and care benefits—recovery plan
- 124 Recovery plan—content
- 124A Recovery plan—suspension of benefits
- 125 Recovery plan—MAI guidelines
- 126 Recovery plan—treatment and care not in recovery plan
- 127 Recovery plan—review
Division 2.5.5--Treatment and care benefits—payment
- 128 Treatment and care benefits—period payable
- 129 Payment of treatment and care benefits
- 130 Treatment and care benefits not commutable to lump sum
- 131 Treatment and care benefits—MAI guidelines
PART 2.6--DEFINED BENEFITS--QUALITY OF LIFE BENEFITS
Division 2.6.1--Quality of life benefits—entitlement
- 132 Who is entitled to quality of life benefits?
- 133 WPI taken to be 10% in certain circumstances
- 134 No entitlement to quality of life benefits—foreign national living outside
- 135 No entitlement to quality of life benefits—benefits already
- 136 No entitlement to quality of life benefits—damages already
Division 2.6.2--Quality of life benefits—application
- 137 Quality of life benefits application
- 138 Insurer believes injuries stable and permanent impairment
- 139 Insurer believes injuries stable but no permanent impairment
- 140 Insurer believes injuries not stabilised—up to 4 years 6 months after
- 141 WPI assessment 4 years 6 months after motor accident
- 142 WPI assessment—injured person's injuries stabilised
Division 2.6.3--Quality of life benefits—WPI assessment
- 143 Meaning of WPI assessment
- 144 Meaning of WPI report
- 145 Meaning of private medical examiner—div 2.6.3
- 146 WPI assessment guidelines
- 147 Arrangement of WPI assessment
- 148 WPI assessment—provision of information
- 149 WPI assessment—WPI assessment guidelines
- 150 WPI assessment—both physical and psychological injuries
- 151 WPI assessment—multiple body systems affected
- 152 WPI report to be prepared
- 153 WPI—both physical and psychological injuries
- 154 WPI less than 5%—insurer may make offer
- 155 WPI 5% to 9%—insurer must make offer
- 156 WPI 10% or more—injured person not entitled to make motor accident
- 157 WPI 10% or more—injured person entitled to make motor accident
- 158 Second WPI report
- 159 Second WPI report—original WPI may be affirmed or
- 160 Final offer WPI
- 161 Final offer WPI less than 5%
- 162 Final offer WPI 5% to 9%
- 163 Final offer WPI 10% or more—injured person not entitled to make motor
- 164 Final offer WPI 10% or more—injured person entitled to make motor accident
- 165 WPI assessment—relevant insurer to pay
- 166 Effect of certain WPI assessments on motor accident claim
Division 2.6.4--Quality of life benefits—amount payable
- 167 Amount of quality of life benefits payable
PART 2.7--DEFINED BENEFITS--DEATH BENEFITS
Division 2.7.1--Preliminary
- 168 Meaning of dependant—pt 2.7
Division 2.7.2--Death benefits—entitlement
- 169 Who is entitled to death benefits?
- 170 No entitlement to death benefits—death of foreign national outside
- 171 No entitlement to death benefits—conduct making up
- 172 No entitlement to death benefits—quality of life benefits or damages already
- 173 No entitlement to death benefits—death benefits paid under workers
Division 2.7.3--Death benefits—amount payable
- 174 Amount of death benefits payable
- 175 Death benefits—income replacement benefits and treatment and care benefits still
Division 2.7.4--Death benefits—payment
PART 2.8--DEFINED BENEFITS--FUNERAL BENEFITS
- 178 Who is entitled to funeral benefits?
- 179 No entitlement to funeral benefits—death of foreign national outside
- 180 No entitlement to funeral benefits—funeral expenses paid under workers
- 181 Funeral benefits—maximum amount payable
- 182 Funeral benefits—MAI guidelines
PART 2.9--DEFINED BENEFITS--AUSTRALIANS LIVING OVERSEAS AND FOREIGN NATIONALS
- 183 Periodic payment of defined benefits—Australians living
- 184 Lump sum payment of certain defined benefits—foreign
PART 2.10--DEFINED BENEFITS--DISPUTE RESOLUTION
Division 2.10.1--Preliminary
- 185 Definitions—pt 2.10
Division 2.10.2--Internal review of insurer's decisions
- 186 Definitions—div 2.10.2
- 187 Internal review—application
- 188 Conduct of internal review—MAI guidelines
- 189 Internal review—application does not stay decision
- 190 Internal review—information to be considered
- 191 Internal review—decision
Division 2.10.3--ACAT review of insurer's decisions
- 192 Meaning of ACAT reviewable decision—div 2.10.3
- 193 ACAT review—application
- 194 Time for making application when no decision made under
- 195 External review—ACAT to notify insurer etc
- 196 External review—application does not stay decision
- 197 External review—decision
- 198 External review—costs of proceedings
- 199 External review—effect of decision
- 200 External review—time for appeal
- 201 No monetary limit on jurisdiction of ACAT
- 202 Inconsistency between Act and ACAT Act, pt 4A
PART 2.11--DEFINED BENEFITS--MISCELLANEOUS
- 203 Legal costs and fees payable by applicants and insurers
- 204 Defined benefits information service
CHAPTER 3--MOTOR ACCIDENT INJURIES—SIGNIFICANT OCCUPATIONAL IMPACT
PART 3.1--SIGNIFICANT OCCUPATIONAL IMPACT OF INJURIES--IMPORTANT CONCEPTS
- 205 Meaning of significant occupational impact
- 206 Meaning of independent assessor
- 207 Meaning of SOI assessment and SOI report
- 208 SOI assessment guidelines
PART 3.2--SOI ASSESSMENTS
- 209 SOI assessment 4 years 6 months after motor accident
- 210 Arrangement of SOI assessment
- 211 SOI assessment—provision of information
- 212 SOI report to be prepared
- 213 SOI report—injury has significant occupational impact
- 214 SOI report—no significant occupational impact
PART 3.3--SOI REPORTS--ACAT REVIEW
- 215 SOI report—no significant occupational impact—ACAT
- 216 Review of SOI report—ACAT to notify insurer etc
- 217 Review of SOI report—IME provider to give ACAT information
- 218 ACAT review—decision
- 219 Effect of ACAT order affirming SOI report
PART 3.4--SIGNIFICANT OCCUPATIONAL IMPACT OF INJURIES--MISCELLANEOUS
- 220 Effect of SOI assessment on motor accident claim
CHAPTER 4--PAYMENT OF FUTURE MEDICAL TREATMENT EXPENSES
- 221 Definitions—ch 4
- 222 Application for future treatment payment
- 223 Future treatment payment—assessment and calculation
- 224 No agreement on future treatment payment—application to
- 225 Decision about future treatment payment—ACAT orders
- 226 Future treatment payment—costs of proceedings
- 227 Future treatment payment—no monetary limit on jurisdiction of
CHAPTER 5--MOTOR ACCIDENT INJURIES—COMMON LAW DAMAGES
PART 5.1--PRELIMINARY
- 228 Meaning of motor accident claim
- 229 Meaning of claimant for motor accident claim
- 230 Meaning of respondent for motor accident claim—ch 5
- 231 Meaning of insured person for motor accident claim
- 232 Meaning of insurer for motor accident claim
- 233 Defined benefit payment etc—no effect on liability under motor accident
- 234 Insured person not to admit liability, settle or make payments
- 235 Power of insurer to act for insured
- 236 Nominal defendant may deal with motor accident claims
- 237 Insurer may intervene in proceeding
- 238 Motor accident claim—notification of claim made under workers compensation
PART 5.2--THRESHOLD FOR DAMAGES
- 239 Award of damages—requirements
PART 5.3--WPI ASSESSMENT--CLAIMANT RECEIVING WORKERS COMPENSATION
PART 5.4--DAMAGES FOR CLAIMS--EXCLUSIONS AND LIMITATIONS
- 242 Quality of life damages—general
- 243 Quality of life damages—amount that may be awarded
- 244 Quality of life damages—amount that may be awarded for
- 245 Quality of life damages—none if quality of life benefits
- 246 Damages for loss of earnings—none in first year
- 247 Recovery of defined benefits if claimant receives damages
- 248 Damages for compensation paid under workers compensation scheme
- 249 Gratuitous care—no damages
- 250 Treatment and care—damages not available for
- 251 Treatment and care—damages not available for LTCS scheme foreign national
- 252 Wrongful death claims
PART 5.5--DAMAGES INDEPENDENTLY OF ACT
- 253 Repayment of defined benefits if person receives damages independently of
PART 5.6--NO-FAULT MOTOR ACCIDENTS
- 254 Meaning of no-fault motor accident
- 255 Presumption of no-fault motor accident
- 256 Working out driver at fault in no-fault motor accident
PART 5.7--COURT PROCEEDINGS ON MOTOR ACCIDENT CLAIMS
Division 5.7.1--Preliminary
- 257 Definitions—pt 5.7
Division 5.7.2--Compulsory conferences before court proceedings
- 258 Compulsory conference
- 259 Compulsory conference may be dispensed with
- 260 Compulsory conference with mediator
- 261 Procedures before compulsory conference
- 262 Attendance and participation at compulsory conference
Division 5.7.3--Mandatory final offers
- 263 Mandatory final offers—requirement
- 264 Mandatory final offers may be dispensed with
- 265 Timing of mandatory final offers
- 266 Working out costs for mandatory final offers
- 267 Court proceedings not to begin if mandatory final offer open
Division 5.7.4--Court proceedings
- 268 Time limit for beginning proceeding—general
- 269 Time limit—compulsory conference
- 270 Time limit—no compulsory conference
- 271 Time limit—no mandatory final offers
- 272 Insurer to be joint or sole defendant
- 273 Procedure if respondent is insurer
- 274 Exclusion of summary judgment on the basis of admissions
- 275 Insurer's right to call and cross-examine insured person
- 276 Costs—awards of damages over $50 000
Division 5.7.5--Judgment for noncompliance with time limits
- 277 Definitions—div 5.7.5
- 278 Notice time limit not complied with
- 279 Thing not done within 7-day period—claimant as enforcing
- 280 Thing not done within 7-day period—respondent as enforcing
- 281 Thing not done within 7-day period—court may make orders
- 282 Court orders in favour of claimant
- 283 Court orders in favour of respondent
PART 5.8--OTHER MATTERS
- 284 Legal costs and fees payable by claimants and insurers
- 285 Effect of payments under LTCS Act on limitation period
CHAPTER 6--MOTOR ACCIDENT INJURIES INSURANCE
PART 6.1--IMPORTANT CONCEPTS
- 286 Definitions—Act
- 287 Meaning of MAI insurer
- 288 Application to Territory and Commonwealth motor vehicles
PART 6.2--COMPULSORY MOTOR ACCIDENT INJURIES INSURANCE
- 289 Offence—use uninsured motor vehicle on road or road related area
PART 6.3--MOTOR ACCIDENT INJURIES POLICIES
- 290 Vehicles and other things insured under MAI policy
- 291 People insured under MAI policy
- 292 Risks covered by MAI policy
- 293 Risks not covered by MAI policy
- 294 Licensed insurer not to decline etc to issue MAI policy
- 295 MAI insurer to indemnify MAI insured people
- 296 MAI policy not affected by transfer etc of vehicle or trader's
- 297 MAI policy not affected by errors etc
PART 6.4--SELECTING AN MAI INSURER
- 298 Selecting for registered vehicle—first registration
- 299 Selecting for registered vehicle—renewal of registration
- 300 Selecting for motor vehicle with trader's plate
- 301 Selecting for light rail vehicle
PART 6.5--LENGTH OF MAI POLICY
- 302 When MAI policy takes effect—registered motor
- 303 MAI policy in effect while insurer on risk—registered motor
- 304 Insurer on risk—period of registration
- 305 Insurer on risk—period of grace
- 306 When MAI policy takes effect—trader's plates
- 307 MAI policy in effect while insurer on risk—trader's plates
- 308 When MAI policy takes effect—light rail vehicles
- 309 MAI policy in effect while insurer on risk—light rail vehicles
PART 6.6--CANCELLATION OF MAI POLICIES
- 310 MAI insurer cannot cancel MAI policy
- 311 MAI policy cancellation—registered vehicles
- 312 MAI policy cancellation—trader's plates
- 313 MAI policy cancellation—light rail vehicles
PART 6.7--MAI PREMIUMS
- 314 Meaning of MAI premium
- 315 Premium that can be charged by licensed insurer
- 316 Premiums—MAI guidelines
- 317 Licensed insurer to apply for approval of premiums
- 318 Criteria to approve or reject premium
- 319 MAI commission to approve or reject premiums
- 320 MAI commission may reconsider rejected premiums
- 321 Mediation of rejected premiums
- 322 Arbitration of unresolved premiums
- 323 Licensed insurer to report on profit margins
PART 6.8--NOMINAL DEFENDANT'S LIABILITIES
- 324 Nominal defendant liable—unregistered vehicle permits
- 325 Meaning of uninsured motor vehicle
- 326 Nominal defendant liable—uninsured motor vehicle
- 327 Meaning of unidentified motor vehicle
- 328 Nominal defendant liable—unidentified motor vehicle
PART 6.9--NOMINAL DEFENDANT FUND
- 329 Nominal defendant to pay defined benefits and motor accident claims from nominal
- 330 Establishment of nominal defendant fund
- 331 Collections for nominal defendant fund
- 332 MAI commission must decide UVP liability contribution
- 333 UVP liability contribution to be paid with unregistered vehicle
- 334 Accounts for nominal defendant fund
- 335 Audit of nominal defendant fund
- 336 Assessment of financial position of nominal defendant fund
- 337 Nominal defendant may engage consultants including claims manager
- 338 Claims manager's functions
- 339 Delegation by nominal defendant
- 340 Information and assistance by insurer to nominal defendant
PART 6.10--MAI INSURER AND NOMINAL DEFENDANT MAY RECOVER COSTS INCURRED
Division 6.10.1--Preliminary
- 341 Meaning of costs—pt 6.10
- 342 Insurer may only recover costs once
- 343 Proceeding to recover costs
Division 6.10.2--MAI insurers
- 344 MAI insurer may recover $2 000 if MAI premium fraud
- 345 MAI insurer may recover costs if no authority to use vehicle
- 346 MAI insurer may recover costs if injury intentional
- 347 MAI insurer may recover costs if driver using alcohol or drugs
Division 6.10.3--MAI insurer and nominal defendant
Division 6.10.4--Nominal defendant
- 350 Nominal defendant may recover costs from responsible person or driver at
- 351 Nominal defendant may recover costs from responsible person or driver—uninsured or
- 352 Nominal defendant may recover costs from rail transport operator
- 353 Nominal defendant—access to territory information etc
CHAPTER 7--MAI INSURER LICENCES
PART 7.1--MAI INSURER LICENCES--PRELIMINARY
- 354 Definitions—Act
- 355 Meaning of former licensed insurer—ch 7
- 356 Offences—unlicensed insurer issues MAI policy
- 357 Unlicensed insurer liable for MAI policy
- 358 MAI insurer licence register
PART 7.2--MAI INSURER LICENCES--INSURANCE INDUSTRY DEED
PART 7.3--MAI INSURER LICENCES--ISSUE
- 361 MAI insurer licence—eligibility
- 362 MAI insurer licence—application
- 363 MAI insurer licence—decision on application
- 364 MAI insurer licence—term
PART 7.4--MAI INSURER LICENCES--CONDITIONS
- 365 Compliance with certain provisions
- 366 Compliance with MAI guidelines
- 366A Compliance with directions and remediation plans
- 367 Prompt management of applications for defined benefits
- 368 Early payment of treatment and care
- 369 Resolution of motor accident claims
- 370 Compliance with ACAT orders
- 371 Protected information
- 372 Provision of information to MAI commission
- 373 Dealing with complaints
- 374 Licensed insurer's conduct and practices
- 375 Licensed insurer's measures and policies
- 376 Compliance with MAI commission conditions
- 377 MAI commission conditions—power to include conditions
- 378 MAI insurer licence—prohibited conditions
- 379 Offence—contravening licence condition
- 380 Contravention of licence condition does not affect MAI policy
- 381 Offence—unlicensed insurer contravening licence condition
PART 7.5--MAI INSURER LICENCES--SUSPENSION
- 382 Meaning of suspended insurer—pt 7.5
- 383 Grounds for licence suspension—contraventions
- 384 Grounds for licence suspension—other grounds
- 385 Licence suspension
- 386 Ending licence suspension
- 387 Offence—issuing MAI policy if licence suspended
- 388 Effect of suspension on existing liabilities—suspended
- 389 Suspended insurer selected after suspension
PART 7.6--MAI INSURER LICENCES--OCCUPATIONAL DISCIPLINE
- 390 Meaning of licensed insurer—pt 7.6
- 391 MAI commission may choose occupational discipline instead of prosecution
- 392 Grounds for occupational discipline
- 393 Applications to ACAT for occupational discipline
- 394 Occupational discipline orders
PART 7.6A--FINANCIAL PENALTIES
- 394A Definitions—pt 7.6A
- 394B Meaning of ground for financial penalty—pt 7.6A
- 394C Notice of proposed financial penalty
- 394D Imposing financial penalties
- 394E Mediation for serious contravention financial penalty notice
- 394F Payment of financial penalty
PART 7.6B--MAI INSURER LICENCES--DIRECTIONS TO LICENSED INSURERS
- 394G Directions to licensed insurers—general
- 394H Objection to direction
- 394I Directions to licensed insurers—remediation plans
PART 7.7--MAI INSURER LICENCES--CANCELLATION
PART 7.8--MAI INSURER LICENCES--TRANSFER
- 398 MAI insurer licence—transfer
- 399 Transfer of policies to other insurers
- 400 Effect of transfer of policies
PART 7.9--MAI INSURER LICENCES--SUPERVISION
- 401 Licensed insurer to have business plan
- 402 Licensed insurer to comply with business plan
- 403 Licensed insurer to revise business plan
- 404 Business plans—MAI guidelines
- 405 Reinsurance arrangements of licensed insurers
- 406 Offence—licensed insurer to keep accounts
- 407 Audit of accounting records and compliance with
- 408 Offence—licensed insurer to assist appointed auditor
- 409 Audit of licensed insurer's profitability
- 410 MAI commission to analyse licensed insurer's net profitability
- 411 Action if licensed insurer's actual net profit differs from reasonable industry
- 412 Reports about insurers
- 412A Notice of reportable conduct
- 413 MAI commission may apply for policy holder protection order
- 414 Court orders to protect policy holders
- 415 Offence—contravene court order
- 416 Offence—insurer to tell MAI commission about grounds for suspension
- 417 Offence—insurer to tell MAI commission of decrease in issued capital
- 418 Offence—insurer to tell MAI commission of bidder's statement or target's
- 419 Only MAI commission may issue proceeding against licensed
PART 7.10--MAI INSURER LICENCES--INSOLVENT INSURERS
- 420 Definitions—pt 7.10
- 421 Liquidators
- 422 Insolvent insurer declarations
- 423 Nominal defendant is insurer if MAI insurer insolvent
- 424 Nominal defendant may recover from insolvent insurer
- 425 Offence—liquidator to give applications for defined benefits and motor accident claims to nominal
- 426 Offence—liquidator to give information etc to nominal defendant
- 427 Offence—liquidator to allow inspection of documents
- 428 Borrowing for nominal defendant fund
- 429 Nominal defendant may intervene in legal proceeding
- 430 Nominal defendant may take legal proceeding
PART 7.11--MAI INSURER LICENCES--MISCELLANEOUS
- 431 Insurer to deter fraudulent applications or claims
- 432 Communicating with people in relation to motor accident
CHAPTER 8--ENFORCEMENT
PART 8.1--ENFORCEMENT--GENERAL
- 433 Definitions—ch 8
PART 8.2--ENFORCEMENT--AUTHORISED PEOPLE
- 434 MAI commission may appoint authorised people
- 435 MAI commission must give identity cards
- 436 Authorised person must show identity card on exercising power
- 437 Power to enter premises
- 438 Production of identity card
- 439 Consent to entry
- 440 General powers on entry to premises
- 441 Power to seize things
- 442 Power to require name and address
PART 8.3--ENFORCEMENT--SEARCH WARRANTS
- 443 Warrants generally
- 444 Warrants—application made other than in person
- 445 Warrants—issue on application made other than in person
- 446 Warrants—announcement before entry
- 447 Details of warrant to be given to occupier etc
- 448 Occupier entitled to observe search etc
- 449 Moving things to another place for examination or processing under
PART 8.4--ENFORCEMENT--RETURN AND FORFEITURE OF THINGS SEIZED
- 450 Receipt for seized thing
- 451 Access to seized thing
- 452 Return of seized thing
- 453 Circumstances—s 452
- 454 Return of seized thing—extension of time
- 455 Application for order disallowing seizure
- 456 Order disallowing seizure
- 457 Forfeiture of seized thing
PART 8.5--ENFORCEMENT--MISCELLANEOUS
- 458 People assisting authorised people
- 459 Damage etc to be minimised
- 460 Compensation for exercise of enforcement powers
CHAPTER 9--INFORMATION COLLECTION AND SECRECY
- 461 Meaning of publish—ch 9
- 462 Licensed insurers must give information to MAI commission
- 463 Licensed insurer to provide investment details
- 464 How MAI commission is to make request
- 465 Offences—insurer to give periodic returns, documents and information
- 466 MAI commission may disclose information to licensed insurers etc
- 467 MAI commission—disclosure of information relating to complaints
- 468 Licensed insurer may disclose information to another licensed
- 469 Lawyers etc must give information to MAI commission
- 470 Information about certain offences
- 471 MAI commission may disclose information to LTCS commissioner
- 472 MAI injury register
- 473 Publication of information—licensed insurers
- 474 Publication of net profit analysis of licensed insurer
- 475 Summary of report about insurers may be made public
- 476 Offences—use or divulge protected information
CHAPTER 10--NOTIFICATION AND REVIEW OF MAI COMMISSION REVIEWABLE DECISIONS
- 477 Definitions—ch 10
- 478 Internal review notices
- 479 Applications for internal review
- 480 Applications not stay MAI commission reviewable decisions
- 481 MAI commission reviewer
- 482 Review by MAI commission reviewer
- 483 Reviewable decision notices
- 484 Applications for external review
CHAPTER 11--MISCELLANEOUS
- 485 Offences—referral fees
- 486 Extraterritorial operation
- 487 MAI guidelines
- 488 Forms—MAI guidelines
- 489 Determination of fees
- 490 Determination of motor accident levy
- 491 Refund of motor accident levy
- 492 Regulation-making power
- 493 Review of operation of Act
CHAPTER 15--TRANSITIONAL
- 600 Definitions—ch 15
- 601 CTP premiums paid before commencement day
- 602 Motor accidents happening before commencement day
- 603 Existing claims under repealed Act
- 604 CTP policies under repealed Act
- 605 Licensed insurers
- 606 Former insurers
- 607 Powers of CTP regulator may be exercised by MAI commission
- 608 Information to be provided by licensed insurers under repealed Act
- 609 Powers of nominal defendant under repealed Act
- 610 Nominal defendant fund
- 611 Annual report
- 612 Transitional regulations
- 613 Expiry—ch 15