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MOTOR ACCIDENT INSURANCE ACT 1994 - As at 1 February 2024 - Act 9 of 1994

- As at 1 February 2024 - Act 9 of 1994

Table of Provisions

PART 1 - PRELIMINARY

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
  • 15A. (Repealed)

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 2A - Law practice certificates generally and certificates before notice of claim

  • 36A Law practice retained by claimant before notice of claim
  • 36B Meaning of law practice certificate
  • 36C Supervising principal cannot complete law practice certificate or notice
  • 36D False or misleading law practice certificate
  • 36E Law practice referral through sale of business

Division 3 - Claims procedures

  • 37 Notice of accident claim
  • 37AA Law practice certificate not given
  • 37AB Law practice retained by claimant after notice of claim
  • 37A Additional information form
  • 37B Witness information request made by insurer
  • 38 Multiple insurers
  • 39 Response to the notice of claim
  • 39A Duty to give law practice certificate if waiver or presumption
  • 40 Minority and legal disabilities
  • 41 Insurer must attempt to resolve claim
  • 41A Supervising principal must complete law practice certificate on settlement or judgment
  • 42 Payment of medical expenses etc.
  • 43 Insured person not to admit liability
  • 44 Power of insurer to act for insured
  • 44A. (Repealed) 44B. (Repealed) 44C. (Repealed) 44D. (Repealed)

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 Non-disclosure 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
  • 54. (Repealed)
  • 55 Exemplary, punitive or aggravated damages
  • 55A. (Repealed) 55B. (Repealed) 55C. (Repealed) 55D. (Repealed) 55E. (Repealed)
  • 55F Costs in cases involving relatively small awards of damages
  • 56. (Repealed)
  • 57 Alteration of period of limitation

Division 6A - Extraterritorial operation of limitation of liability

  • 57A Application of limitation of liability to foreign awards
  • 57B. (Repealed)

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

Division 8 - Changes to claim process if insurance agency is contributor

  • 61A Claim process if insurance agency liable to contribute

Division 9 - Obligation to provide information to insurance agency

  • 61B Giving insurance agency notice about particular matters

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.
  • 67A When State may underwrite CTP insurance policies
  • 68 Review of the commission’s decisions by QCAT

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
  • 72A Declarations from licensed insurer
  • 73 Power of Supreme Court to deal with licensed insurers

Division 3 - (Repealed)

PART 5AA - REFERRALS OF CLAIMS AND CONTACT TO SOLICIT OR INDUCE CLAIMS

  • 74 Giving or receiving consideration for claim referrals
  • 74A Meaning of consideration for s 74
  • 75 Approach or contact for the purpose of making a claim
  • 76 Responsibility for acts or omissions of representative
  • 77 Additional consequences for law practice
  • 78 Injunction to prevent or restrain a contravention of s 74 or 75
  • 79 Maximum amount of claim-related costs that may be charged and recovered
  • 80 Extraterritorial application of part

PART 5A - ENFORCEMENT

Division 1AA - Interpretation

  • 81 Definitions for part
  • 82 References to exercise of powers
  • 83 Reference to document includes reference to reproductions from electronic document
  • 84. (Repealed) 85. (Repealed) 86. (Repealed) 87. (Repealed)

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 Production or display of identity card
  • 87F Protection from liability

Division 2 - Entry of places by authorised persons

Subdivision 1 - Power to enter
  • 87G General power to enter places
  • Subdivision 2 - Entry by consent
  • 87H Application of subdivision
  • 87I Incidental entry to ask for access
  • 87J Matters authorised person must tell occupier
  • 87K Consent acknowledgement
  • Subdivision 3 - Entry under warrant
  • 87L Application for warrant
  • 87M Issue of warrant
  • 87N Electronic application
  • 87O Additional procedure if electronic application
  • 87P Defect in relation to a warrant
  • 87Q Entry procedure

Division 3 - Other authorised persons’ powers and related matters

Subdivision 1 - General powers of authorised persons after entering places
  • 87R Application of subdivision
  • 87RA General powers
  • 87RB Power to require reasonable help
  • 87RC Offence to contravene help requirement
  • Subdivision 2 - Seizure by authorised persons
  • 87RD Seizing evidence at a place that may be entered without consent or warrant
  • 87RE Seizing evidence at a place that may be entered only with consent or warrant
  • 87RF Seizure of property subject to security
  • 87RG Power to secure seized thing
  • 87RH Offence to contravene seizure requirement
  • 87RI Offence to interfere
  • 87RJ Receipt and information notice for seized thing
  • 87RK Access to seized thing
  • 87RL Return of seized thing
  • Subdivision 3 - Forfeiture
  • 87RM Forfeiture by commission decision
  • 87RN Information notice about forfeiture decision
  • Subdivision 4 - Dealing with property forfeited or transferred to State
  • 87RO When thing becomes property of the State
  • 87RP How property may be dealt with
  • Subdivision 5 - Other information-obtaining powers of authorised persons
  • 87RQ Power to require name and address
  • 87RR Offence to contravene personal details requirement
  • 87RS Power to require information
  • 87RT Offence to contravene information requirement

Division 4 - Miscellaneous provisions relating to authorised persons

Subdivision 1 - Damage
  • 87RU Duty to avoid inconvenience and minimise damage
  • 87RV Notice of damage
  • Subdivision 2 - Compensation and costs of investigation
  • 87RW Compensation
  • 87RX Costs of investigation
  • Subdivision 3 - Other offences relating to authorised persons
  • 87RY Obstructing authorised person
  • 87RZ Impersonating authorised person

Division 4A - Reviews and appeals about particular decisions

Subdivision 1 - Internal review
  • 87S Review process must start with internal review
  • 87SA Who may apply for internal review
  • 87SB Requirements for application
  • 87SC Internal review
  • 87SD Decision notice
  • Subdivision 2 - Staying operation of original decision
  • 87SE Court may stay operation of original decision
  • Subdivision 3 - Appeals
  • 87SF Appealing internal review decision
  • 87SG Staying operation of internal review decision
  • 87SH Powers of court on appeal
  • 87SI Effect of court’s decision on appeal

Division 5 - Fraud and false and misleading statements

  • 87T Offences involving fraud
  • 87U False or misleading information or documents about claim
  • 87UA Giving authorised person false or misleading information

Division 6 - Information from commissioner of police service

Subdivision 1 - Risk to authorised person’s safety
  • 87V Commission’s power to obtain criminal history report for authorised person’s safety
  • 87VA Confidentiality of criminal history under s 87V
  • Subdivision 2 - Offence against this Act or National Injury Act
  • 87VB Commission’s power to obtain criminal history report about offence
  • 87VC Confidentiality of information under s 87VB

Division 7 - Proceedings

  • 87W Proceedings
  • 87WA Appointments and authority
  • 87WB Signatures

Division 8 - Evidence

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

Division 9 - Miscellaneous

  • 87Y Extraterritorial application of part
  • 87Z Confidentiality of information

PART 5B - SPECIAL INVESTIGATIONS

  • 87ZA Definitions for part
  • 87ZB Reference to document includes reference to reproductions from electronic document
  • 87ZC Appointment of investigator
  • 87ZD Delegation of powers by investigator
  • 87ZE Investigation of related body corporate
  • 87ZF Powers of investigators
  • 87ZG Documents produced to investigator
  • 87ZH Examination of investigated person or associated person
  • 87ZI Self-incrimination and legal professional privilege
  • 87ZJ Failure of person to comply with requirement of investigator
  • 87ZK Recording of examination
  • 87ZL Report of investigator
  • 87ZM Admission of investigator’s report in evidence
  • 87ZN Documents taken during investigation
  • 87ZO Costs of investigation
  • 87ZP Other offences about investigations
  • 87ZQ Evidential immunity for individuals complying with particular requirements
  • 87ZR Extraterritorial application of part
  • 87ZS Confidentiality of information

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
  • 93. (Repealed)
  • 94 Interference with certain documents
  • 95 Unauthorised policies
  • 96 Inducement for CTP insurance business prohibited
  • 97 CTP premiums not to be discounted etc.
  • 97A. (Repealed) 97B. (Repealed) 98. (Repealed)
  • 99 Penalties for offences
  • 100 Regulations
  • 100A Indexation of particular amounts
  • 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
  • 105 (Expired)
  • 106 Nominal Defendant

Division 2 - Provision for Motor Accident Insurance Amendment Act 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
  • 112. (Repealed)

Division 6 - Transitional provisions for the Motor Accident Insurance and Other Legislation Amendment Act 2010

  • 113 Termination of s 96 inducement
  • 114 Termination of s 97(5) inducement

Division 7 - Transitional provisions for Motor Accident Insurance and Other Legislation Amendment Act 2019

  • 115 Certificate matters apply to conduct on and after commencement
  • 116 Maximum amount of legal costs for claims does not apply to work starting before commencement

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