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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MOTOR ACCIDENT
INSURANCE AMENDMENT
BILL (No. 2) 1999
Queensland
MOTOR ACCIDENT INSURANCE
AMENDMENT BILL (No. 2) 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Insertion of new ss 97A and 97B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
97A Prohibition on touting at scene of incident or at any time . . . . . . . . 4
97B Consequence if person approved under Act is convicted
under s 97A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1999
A BILL
FOR
An Act to amend the Motor Accident Insurance Act 1994
s1 4 s3
Motor Accident Insurance Amendment (No. 2)
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Motor Accident Insurance Amendment 3
Act (No. 2) 1999. 4
amended 5
Act
Clause 2. This Act amends the Motor Accident Insurance Act 1994. 6
of new ss 97A and 97B 7
Insertion
Clause 3. After section 97-- 8
insert-- 9
on touting at scene of incident or at any time 10
`Prohibition
`97A.(1) At the scene of an incident-- 11
(a) a prohibited person must not solicit or induce a potential claimant 12
involved in the incident to make a claim; or 13
(b) a person, other than a prohibited person, must not solicit or 14
induce, in a way that would be unreasonable in the circumstances, 15
a potential claimant involved in the incident to make a claim. 16
Maximum penalty--300 penalty units. 17
18
Example for paragraph (b)--
19
A person who lives near the scene of the incident helps a potential claimant
20
immediately after the incident. If the person, without being asked to do so,
21
telephones a lawyer and insists the potential claimant speaks with the lawyer
22
about making a claim, the person is acting in a way that would be unreasonable in
23
the circumstances.
`(2) Subsections (3) and (4) apply to-- 24
(a) a prohibited person who is attending or has attended an incident; 25
or 26
s3 5 s3
Motor Accident Insurance Amendment (No. 2)
(b) a person who obtains information about an incident for the 1
purpose of the person's employment; or 2
(c) a person who has contact with a potential claimant if the contact 3
substantially arises because of an incident and for the purpose of 4
the person's employment. 5
`(3) The person-- 6
(a) mentioned in subsection (2)(a) or (b) must not give a potential 7
claimant involved in the incident the name, address or telephone 8
number of a particular lawyer or firm of lawyers; or 9
(b) mentioned in subsection (2)(c) must not give the potential 10
claimant the name, address or telephone number of a particular 11
lawyer or firm of lawyers. 12
Maximum penalty--300 penalty units. 13
14
Example for subsections (2)(c) and (3)(b)--
15
A potential claimant's car is towed from an incident. The next day the potential
16
claimant attends the panel shop where the car is located and speaks with the
17
panel beater whom the potential claimant has never met before. The panel beater
18
must not give the potential claimant the name, business card or telephone number
19
of a particular lawyer or firm of lawyers.
`(4) Also, the person must not disclose prescribed information about the 20
incident to anyone other than-- 21
(a) a police officer; or 22
(b) a person to whom the person is required to disclose the 23
information under a law; or 24
(c) the owner of a motor vehicle involved in the incident, or the 25
owner's lawyer or agent; or 26
(d) a potential claimant involved in the incident or the potential 27
claimant's lawyer or agent; or 28
(e) the person's employer, if the person is attending or attended the 29
incident for the purpose of the person's employment and the 30
employer requires the person to disclose the information on 31
grounds that are reasonable in the circumstances; or 32
(f) a person (an "insurer") who carries on the business of providing 33
insurance for people or property, including, for example, a CTP 34
s3 6 s3
Motor Accident Insurance Amendment (No. 2)
insurance policy, or someone who is acting as the insurer's 1
lawyer or agent. 2
Maximum penalty--300 penalty units. 3
`(5) However, a person does not commit an offence under subsection (4) 4
merely because the person discloses prescribed information about the 5
incident to a lawyer if-- 6
(a) the person is a client of the lawyer for the purpose of making a 7
claim or exercising a legal right, whatever its nature, arising out of 8
the incident; and 9
(b) in the circumstances, it is reasonable for the person to think the 10
person may have a claim or a legal right; and 11
(c) the disclosure is for the purpose of making the claim or exercising 12
the legal right. 13
`(6) Also, a person does not commit an offence under subsection (4) if 14
the disclosure is not likely to result in a potential claimant involved in the 15
incident being solicited or induced to make a claim. 16
`(7) A person must not pay, or seek payment of, a fee for the soliciting or 17
inducement of a potential claimant to make a claim. 18
Maximum penalty--300 penalty units. 19
`(8) However, a person does not commit an offence under subsection (7) 20
merely by-- 21
(a) advertising legal services about claims using any form of mass 22
communication, including, for example, advertisements in 23
newspapers, magazines or directories, and advertisements on the 24
internet, radio or television; or 25
(b) if the person is a lawyer--charging a potential claimant a fee for 26
professional services provided to the potential claimant as part of 27
making a claim. 28
`(9) In this section-- 29
"employment" includes self employment. 30
"fee" includes the following-- 31
s3 7 s3
Motor Accident Insurance Amendment (No. 2)
(a) a bonus, commission, cash payment, deduction, discount, rebate, 1
remission or other valuable consideration; 2
(b) employment, or an agreement to give employment, in any 3
capacity. 4
"incident" means an incident in which a personal injury is or may be 5
caused by, through or in connection with a motor vehicle. 6
"potential claimant" means-- 7
(a) a person who suffers, or may suffer, personal injury because of 8
an incident; or 9
(b) another person who has or may have a claim in relation to a 10
person mentioned in paragraph (a). 11
"prescribed information about the incident" means the following in 12
relation to an incident-- 13
(a) the name or address of a person involved in the incident; 14
(b) the registration number of a motor vehicle involved in the 15
incident. 16
"prohibited person" means-- 17
(a) a person who, under the Tow Truck Act 1973, is the holder of a 18
driver's certificate, assistant's certificate or permit; or 19
(b) any other person who is attending or attended the scene of an 20
incident for the purpose of the person's employment. 21
"scene of an incident" means the area within a radius of 500m from the 22
approximate point of impact or collision involving a motor vehicle. 23
if person approved under Act is convicted under s 97A 24
`Consequence
`97B.(1) This section applies to a person if-- 25
(a) the person is approved under an Act for a profession, or for 26
carrying on activities for the purpose of the person's employment; 27
and 28
(b) the person's profession or employment may involve the person 29
attending the scenes of motor vehicle accidents or dealing with 30
persons involved in motor vehicle accidents; and 31
s3 8 s3
Motor Accident Insurance Amendment (No. 2)
(c) under the Act under which the person is approved, the person's 1
approval may be suspended or cancelled for misconduct. 2
`(2) If the person is convicted of an offence under section 97A, the 3
person's conviction may be dealt with as misconduct under the Act under 4
which the person is approved. 5
`(3) If the commission is aware, or becomes aware, that the person's 6
conviction may be dealt with as misconduct under the Act under which the 7
person is approved, the commission-- 8
(a) must give written notice about the conviction to the entity that 9
deals with the person's approval under that Act; and 10
(b) if the entity may only deal with misconduct after a 11
complaint--must complain about the person. 12
`(4) In this section-- 13
"approved" includes accredited, authorised, employed, licensed, registered 14
or otherwise permitted to carry on activities. 15
"convicted" includes being found guilty, and the acceptance of a plea of 16
guilty, by a court, whether or not a conviction is recorded. 17
"employment" includes self employment. 18
"misconduct" includes malpractice, professional misconduct and 19
unprofessional conduct or practice.'. 20
21
© State of Queensland 1999
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