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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MOTOR ACCIDENT
INSURANCE AMENDMENT
BILL 2001
Queensland
MOTOR ACCIDENT INSURANCE
AMENDMENT BILL 2001
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 28 (Motor Accident Insurance Fund). . . . . . . . . . . . . . . . . 4
4 Amendment of s 29 (Nominal Defendant Fund). . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 33 (Nominal Defendant as the insurer) . . . . . . . . . . . . . . . 4
6 Amendment of pt 7, div 1 (Provisions for Act before commencement of
Motor Accident Insurance Amendment Act 1999) . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 106 (Nominal Defendant) . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Amendment to omit headings following cross references . . . . . . . . . . . . . . 6
2001
A BILL
FOR
An Act to amend the Motor Accident Insurance Act 1994
s1 4 s5
Motor Accident Insurance Amendment Bill 2001
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Motor Accident Insurance Amendment Act 3
2001. 4
2 Act amended
Clause 5
This Act amends the Motor Accident Insurance Act 1994. 6
3 Amendment of s 28 (Motor Accident Insurance Fund)
Clause 7
(1) Section 28(2)(a)-- 8
omit, insert-- 9
`(a) an amount transferred to the fund under section 33(6) or 106;1 10
and'. 11
(2) Section 28(3)(b)-- 12
omit, insert-- 13
`(b) payments relating to an advance of amounts under 14
subsection (6), that are payable under the terms of the advance.'. 15
4 Amendment of s 29 (Nominal Defendant Fund)
Clause 16
Section 29(3)(c)-- 17
omit, insert-- 18
`(c) payments relating to an advance of amounts under 19
subsection (4), that are payable under the terms of the advance.'. 20
5 Amendment of s 33 (Nominal Defendant as the insurer)
Clause 21
Section 33-- 22
1 Section 33 (Nominal Defendant as the insurer) or 106 (Nominal Defendant)
s6 5 s7
Motor Accident Insurance Amendment Bill 2001
insert-- 1
`(4) Subject to subsection (5), if the Nominal Defendant Fund proves 2
insufficient to meet the liabilities of the Nominal Defendant under 3
subsection (2), the commissioner must make payments from the Motor 4
Accident Insurance Fund to meet the deficiency. 5
`(5) The total payments from the Motor Accident Insurance Fund under 6
subsection (4) and under section 106(4), including payments made under 7
section 106(4) before the commencement of this subsection, can not be 8
more than the amount that was transferred to the fund under section 106(3). 9
`(6) If an amount is recovered or received by the Nominal Defendant, by 10
way of an action or a claim relating to the insolvency of an insurer under a 11
CTP insurance policy,2 the Treasurer may, by written notice to the Nominal 12
Defendant, direct it to transfer an amount, not exceeding the amount 13
recovered or received, to the Motor Accident Insurance Fund. 14
`(7) However, the total amount the Treasurer may direct the Nominal 15
Defendant to transfer to the Motor Accident Insurance Fund from all the 16
amounts recovered or received relating to an insolvent insurer, as 17
mentioned in subsection (6), must not exceed the total payments from the 18
fund made by the commissioner under subsection (4) relating to that 19
insolvent insurer.'. 20
6 Amendment of pt 7, div 1 (Provisions for Act before
Clause 21
commencement of Motor Accident Insurance Amendment Act 22
1999) 23
Part 7, division 1, heading, after `1999'-- 24
insert-- 25
`and a related matter'. 26
7 Amendment of s 106 (Nominal Defendant)
Clause 27
Section 106-- 28
insert-- 29
`(5) Section 33(5) further limits the total payments that may be made 30
under subsection (4) from the Motor Accident Insurance Fund.'. 31
2 See section 61 (Nominal Defendant's rights of recourse against insurer).
s8 6 s8
Motor Accident Insurance Amendment Bill 2001
8 Amendment to omit headings following cross references
Clause 1
(1) This section applies to a section containing a cross reference to a 2
provision of the Act followed by the heading to the provision in round 3
brackets. 4
(2) The section is amended by omitting the brackets and the words in the 5
brackets. 6
© State of Queensland 2001
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