NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 4 Application of Act

NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 4

4 Application of Act

(1) This Act applies in relation to a serious personal injury caused by, through or in connection with a prescribed vehicle, if—

(a) the injury is a result of—

(i) the driving of the prescribed vehicle; or

(ii) a collision, or action taken to avoid a collision, with the prescribed vehicle; or

(iii) the prescribed vehicle running out of control; or

(iv) a defect in the prescribed vehicle causing loss of control of the vehicle while the vehicle is being driven; and

(b) the incident (the
"motor accident" ) resulting in the injury happens in Queensland on or after 1 July 2016.

(2) However, this Act does not apply in relation to a serious personal injury caused by, through or in connection with an uninsured motor vehicle, other than a prescribed vehicle stated in subsection (3) (a) , unless the motor accident resulting in the injury happens on a road or public place.

(3) Also, this Act does not apply in relation to a serious personal injury caused by, through or in connection with—

(a) any of the following prescribed vehicles unless the motor accident resulting in the injury happens on a road—

(i) a tractor, backhoe, bulldozer, end-loader, forklift, industrial crane or hoist, or other mobile machinery;

(ii) an agricultural machine;

(iii) a motor vehicle adapted to run on rail or tram tracks;

(iv) an amphibious vehicle;

(v) a motor vehicle prescribed by regulation; or

(b) a prescribed vehicle that, at the particular time of the motor accident resulting in the injury, is being used for the actual doing of an act or making of a threat that is an act of terrorism.

(4) In this section—


"act of terrorism" see the Insurance Act , section 4B .


"agricultural machine" means a machine with its own automotive power that is—

(a) built to perform agricultural tasks; and

(b) being used for agricultural purposes.

Examples—

tractors and harvesters being used for agricultural purposes

"mobile machinery" see the Insurance Act , section 4 .


"public place" see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .


"road" see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .


"uninsured motor vehicle" means a prescribed vehicle—

(a) for which a CTP insurance policy is not in force; and

(b) of which a self-insurer is not the registered owner; and

(c) that is not a trailer.