Queensland Consolidated Acts Queensland Consolidated ActsIn this Act--
act of terrorism see section 4B.
administration fee means the fee payable to transport administration for work done in the administration of the statutory insurance scheme.
affordability index means 45% of average weekly earnings.
assessment period see section 13(2).
average weekly earnings means the seasonally adjusted amount of Queensland full-time adult persons ordinary time earnings as declared by the Australian Statistician in the statistician's report on average weekly earnings, averaged over the last 4 quarters for which the statistician's report is available.
Editor's note--
The publication is currently entitled 'Average Weekly Earnings, Australia'.
claim means motor vehicle accident claim.
claimant means a person by whom, or on whose behalf, a claim is made.
Examples of claimants--
1 An attorney acts under an enduring power of attorney under the Powers of Attorney Act 1998 for a person injured in a motor vehicle accident. In this case, both the attorney (in the attorney's representative capacity) and the person for whom the attorney acts are regarded as claimants.
2 A guardian or an administrator acts under the Guardianship and Administration Act 2000 for a person injured in a motor vehicle accident. In this case, the guardian or administrator (in his or her representative capacity) and the injured person are regarded as claimants.
class--
(a) of CTP insurance (or CTP insurance policies)--means CTP insurance (or CTP insurance policies) for a particular class of motor vehicles; or
(b) of motor vehicles--means a class of motor vehicles created by classification under a regulation.
commission means the Motor Accident Insurance Commission.
commissioner means the insurance commissioner.
compulsory conference see section 51A(1).
costs--
(a) when used in reference to legal costs, includes disbursements; and
(b) when used in reference to the costs of an insurer on a claim, includes--
(i) the amount paid out by the insurer on the claim to the claimant or for the claimant's benefit, including--
(A) the cost to the insurer of providing rehabilitation services in connection with the claim; and
(B) the cost to the insurer of paying private hospital, medical and pharmaceutical expenses in connection with the claim; and
(ii) the cost to the insurer of investigating the claim and of litigation related to the claim (but not the insurer's general administration costs).
costs statement see section 51B(6)(e).
court, in relation to a claim, means--
(a) if a proceeding based on the claim has been brought--the court hearing the proceeding; or
(b) if no proceeding based on the claim has been brought--a court with jurisdiction to hear the claim.
criminal history, of a person, means the record of offences of which the person has been convicted in Queensland or elsewhere before or after the commencement of this Act.
CTP is an abbreviation of 'compulsory third-party'.
CTP insurance see section 3(a).
CTP insurance policy means--
(a) a policy of insurance under this Act for a motor vehicle insuring against liability for personal injury caused by, through or in connection with the motor vehicle; or
(b) a policy of insurance, or a statutory indemnification, for a motor vehicle registered under the law of another State or a Territory, providing insurance, or indemnifying against liability, for personal injury caused by, through or in connection with the vehicle anywhere in Australia.
declared costs limit means the amount prescribed under a regulation as the declared costs limit.
Note--
Under section 100A, the Minister must make a recommendation about the amount to be prescribed.
former Act means the Motor Vehicles Insurance Act 1936.
GST means the tax payable under the GST law.
GST law means--
(a) A New Tax System (Goods and Services Tax) Act 1999 (Cwlth); and
(b) the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services.
GVM means gross vehicle mass.
industry deed means an agreement, in the form approved by regulation, between the commission, transport administration, the Nominal Defendant and licensed insurers regulating the conduct of CTP insurance business and matters incidental to--
(a) the conduct of the business; or
(b) the statutory insurance scheme.
Editor's note--
For a statement of the subjects that may be covered by the industry deed, see section 65 (Industry deed).
injured person means a person who suffers personal injury because of a motor vehicle accident.
insurance premium means the gross premium for a CTP insurance policy (including levies and administration fee).
insured motor vehicle means a motor vehicle for which a CTP insurance policy is in force.
insured person means--
(a) a person who is insured under a CTP insurance policy or, if the person is dead, the person's personal representative; or
(b) a person whose wrongful act or omission causes personal injury for which an action lies against the Nominal Defendant under this Act or, if the person is dead, the person's personal representative.
insurer's premium means an insurer's consideration for providing insurance under a CTP insurance policy.
licence means a licence under part 5.
licensed insurer means an insurer that holds a licence, other than an insurer whose licence is under suspension.
lower offer limit means the amount prescribed under a regulation as the lower offer limit.
Note--
Under section 100A, the Minister must make a recommendation about the amount to be prescribed.
mandatory final offer see section 51C(2).
mobile machinery has the meaning given by the Transport Operations (Road Use Management--Vehicle Registration) Regulation 2010.
motor vehicle means a vehicle for which registration is required under the Transport Operations (Road Use Management--Vehicle Registration) Regulation 2010 and includes a trailer.
motor vehicle accident means an incident from which a liability for personal injury arises that is covered by insurance under the statutory insurance scheme.
motor vehicle accident claim means a claim for damages based on a liability for personal injury arising out of a motor vehicle accident and, for a fatal injury, includes a claim on behalf of the deceased's dependants or estate.
non-medicinal drug means a drug other than one genuinely and lawfully consumed for medical or therapeutic purposes.
officer has the same meaning as in the Corporations Act.
official panel of medical experts see section 45A(1)(a).
personal injury includes--
(a) fatal injury; and
(b) prenatal injury; and
(c) damage to spectacles, contact lenses, dentures, hearing aids, crutches, wheelchairs, artificial limbs and prosthetic devices.
public place has the meaning given by the Transport Operations (Road Use Management) Act 1995.
registered operator, of a motor vehicle, means a person recorded in the details of the registration of the vehicle as the registered operator or as the owner of the motor vehicle.
registration, of a motor vehicle, includes a permit, plate or other authorisation under the Transport Operations (Road Use Management--Vehicle Registration) Regulation 2010 permitting a motor vehicle to be used on a road without registration but does not include an authorisation under section 107 of that regulation.
rehabilitation means the use of medical, psychological, physical, social, educational and vocational measures (individually or in combination)--
(a) to restore, as far as reasonably possible, physical or mental functions lost or impaired through personal injury; and
(b) to optimise, as far as reasonably possible, the quality of life of a person who suffers the loss or impairment of physical or mental functions through personal injury.
related body corporate, for an insurer, has the meaning given by the Corporations Act.
road has the meaning given by the Transport Operations (Road Use Management) Act 1995.
self-insurer means--
(a) the Commonwealth; or
(b) a State (other than Queensland) or a Territory that does not have its motor vehicles insured under CTP insurance policies.
share of the market for CTP insurance business means a percentage, calculated by the commission under principles prescribed by regulation, representing the proportion that an insurer's share of total CTP insurance premiums bears to the total premiums for CTP insurance policies of classes specified by regulation.
statutory insurance scheme means the insurance scheme established by this Act.
trailer means a vehicle without motive power designed to be hauled by a motor vehicle.
transport administration means--
(a) the chief executive of the department within which the Transport Planning and Coordination Act 1994 is administered; or
(b) a person who is, by delegation or direction of the chief executive, responsible for carrying out functions relevant to the administration of the statutory insurance scheme.
uninsured motor vehicle means a motor vehicle for which there is no CTP insurance policy in force, other than a motor vehicle owned by a self-insurer or a trailer.
upper offer limit means the amount prescribed under a regulation as the upper offer limit.
Note--
Under section 100A, the Minister must make a recommendation about the amount to be prescribed.
wrongful act or omission includes a negligent act or omission.