Queensland Consolidated Acts

MOTOR ACCIDENT INSURANCE ACT 1994

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Objects
   4.      Definitions
   4A.     References to insurer's premium, a fee or costs
   4B.     Meaning of act of terrorism
   5.      Application of this Act

           Part 2--Motor Accident Insurance Commission

           Division 1--Establishment of the commission

   6.      Establishment of commission
   7.      Constitution of the commission
   8.      Commission to be body corporate
   9.      Power of delegation
   9A.     Commission is statutory body

           Division 2--General functions of commission

   10.     Commission's functions
   11.     Advisory committees

           Division 3--Insurance premiums

   12.     Insurance premiums
   13.     The insurer's premium
   13A.    Premium rates
   14.     Recommendations about levies and administration fee
   14A.    Fixing levies and administration fee
   15.     Report and recommendations when costs of insurance exceed the affordability index

           Division 4--The Nominal Defendant

   16.     The Nominal Defendant
   16A.    Nominal Defendant is statutory body
   17.     Nominal Defendant to keep public office
   18.     Nominal Defendant taken to be licensed insurer

           Division 5--Annual report

   19.     Annual report

           Part 3--Compulsory insurance

           Division 1--Obligation to insure

   20.     Offence of driving uninsured vehicle etc.
   20A.    Temporary gratuitous insurance

           Division 2--Selection of insurer

   21.     Selection of insurer
   22.     Licensed insurer can not decline CTP business
   23.     Statutory policy of insurance
   24.     Transfer of registration
   25.     Motor vehicle must be insured under correct class
   26.     Non application in certain cases

           Division 3--Disbursement of gross insurance premiums

   27.     Disbursement of gross premiums by transport administration
   27A.    Disbursement of gross premiums by insurers who receive premiums directly

           Division 4--The statutory funds

   28.     Motor Accident Insurance Fund
   29.     Nominal Defendant Fund

           Division 5--Transfer of CTP business

   30.     Transfer of CTP business

           Part 4--Claims

           Division 1--The insurer

   31.     Principles for determining the insurer
   32.     Self-insurer as the insurer
   33.     Nominal Defendant as the insurer

           Division 2--Duty to notify accidents and claims and provide information

   34.     Duty to notify accidents to police
   35.     Duty to provide information
   36.     Duty to notify claims

           Division 3--Claims procedures

   37.     Notice of accident claim
   37A.    Additional information form
   38.     Multiple insurers
   39.     Response to the notice of claim
   40.     Minority and legal disabilities
   41.     Insurer must attempt to resolve claim
   42.     Payment of medical expenses etc.
   43.     Insured person not to admit liability
   44.     Power of insurer to act for insured

           Division 4--Cooperation between claimant and insurer

   45.     Duty of claimant to cooperate with insurer
   45A.    Panels of recognised medical experts
   46.     Claimant and insurer may jointly arrange for expert report
   46A.    Examination of claimant by medical expert in absence of agreement between the parties
   46B.    Costs of obtaining expert reports where reports obtained by agreement
   47.     Duty of insurer to cooperate with claimant
   48.     Nondisclosure of certain material
   49.     Privilege

           Division 4A--Enforcement of divisions 2, 3 and 4

   50.     Court's power to enforce compliance with divs 2, 3 and 4

           Division 5--Rehabilitation

   51.     Obligation to provide rehabilitation services

           Division 5A--Compulsory conference

   51A.    Compulsory conference
   51B.    Procedure at conference
   51C.    Parties to exchange mandatory final offers if claim not settled at compulsory conference
   51D.    Time for bringing action

           Division 6--Proceedings in court

   52.     Insurer to be joint or sole defendant
   52A.    Recovery of contribution by or from Nominal Defendant in certain cases
   52B.    Exclusion of summary judgment on the basis of admissions
   53.     Insurer's right to call and cross-examine insured person
   55.     Exemplary, punitive or aggravated damages
   55F.    Costs in cases involving relatively small awards of damages
   57.     Alteration of period of limitation

           Division 6A--Extraterritorial operation of limitation of liability

   57A.    Application of limitation of liability to foreign awards

           Division 7--Insurer's rights of recourse

   58.     Insurer's rights of recourse
   59.     Recovery in case of fraud
   60.     Nominal Defendant's rights of recourse for uninsured vehicles
   60A.    Access to information etc.
   61.     Nominal Defendant's rights of recourse against insurer

           Part 5--Licensed insurers

           Division 1--Licensing of insurers

   62.     Application for licence
   63.     Determination of application
   64.     Conditions of licence
   65.     Industry deed
   66.     Withdrawal or suspension of licence
   67.     Effect of withdrawal or suspension on existing liabilities etc.
   68.     Appeals against the commission's decisions

           Division 2--Supervision of licensed insurers

   69.     Business plans of licensed insurers
   70.     Accounts and returns of licensed insurers
   71.     Audit of accounts
   72.     Information to be provided by insurers
   73.     Power of Supreme Court to deal with licensed insurers

           Division 3--Special investigations

   74.     Appointment of investigator
   75.     Investigation of related body corporate
   76.     Powers of investigators
   77.     Documents produced to investigator
   78.     Examination of officers
   79.     Selfincrimination
   80.     Failure of officer to comply with requirement of investigator
   81.     Recording of examination
   82.     Copy of record of examination may be given to legal practitioner
   83.     Delegation of powers by investigator
   84.     Report of investigator
   85.     Admission of investigator's report in evidence
   86.     Costs of investigation
   87.     Offences relating to investigations

           Part 5A--Enforcement

           Division 1--Authorised persons

   87A.    Appointment of authorised person
   87B.    Functions and powers of authorised person
   87C.    Authorised person's employment conditions
   87D.    Authorised person's identity card
   87E.    Display of authorised person's identity card
   87F.    Protection from liability

           Division 2--Powers of authorised persons

   87G.    Power to require information
   87H.    Application for warrant
   87I.    Issue of warrant
   87J.    Special warrants
   87K.    Warrants—procedure before entry
   87L.    Power to seize evidence
   87M.    Receipt for seized things
   87N.    Access to seized things
   87O.    Return of seized thing

           Division 3--Other enforcement matters

   87P.    Compensation
   87Q.    Costs of investigation

           Division 4--Obstructing or impersonating authorised persons

   87R.    Obstruction of authorised persons
   87S.    Impersonation of authorised persons

           Division 5--Fraud and false and misleading statements

   87T.    Offences involving fraud
   87U.    False or misleading information or documents

           Division 6--Information from Commissioner of Police Service

   87V.    Information from Commissioner of Police Service

           Division 7--Proceedings

   87W.    Proceedings

           Division 8--Evidence

   87X.    Evidentiary certificates given by the commission and transport administration

           Part 6--Miscellaneous

   88.     Information to be provided by licensed insurers
   88A.    Commission's power to intervene to establish information processing systems
   89.     Register of claims
   90.     Transport administration to provide certain information
   91.     Insolvent insurers
   92.     Disclosure of information
   94.     Interference with certain documents
   95.     Unauthorised policies
   97.     CTP premiums not to be discounted etc.
   99.     Penalties for offences
   100.    Regulations
   101.    Periodical reviews

           Part 7--Transitional provisions

           Division 1--Provisions for Act before commencement of Motor Accident Insurance Amendment Act 1999 and a related matter

   102.    Insurance Act 1960 references
   103.    Motor Vehicles Insurance Act 1936 references
   104.    Personal injury claims
   106.    Nominal Defendant

           Division 2--Provision for Motor Accident Insurance Amendment Act 1999

   107.    Regulation for assessment period starting before 30 June 1999

           Division 3--Provisions for Motor Accident Insurance Amendment Act 2000

   108.    Application of amendments made by the Motor Accident Insurance Amendment Act 2000 to motor vehicle accident claims
   109.    Special provision about financial years
   110.    Ratification of action taken in anticipation of amendments made by the Motor Accident Insurance Amendment Act 2000

           Division 4--Provision for Treasury Legislation Amendment Act (No. 2) 2002

   111.    Ratification of action taken in anticipation of amendments made by Treasury Legislation Amendment Act (No. 2) 2002
           SCHEDULE POLICY OF INSURANCE
           1. Extent of insurance cover
           2. Insured person
           3. Exclusions
           Endnotes