1Motor Accident Injuries (ACAT Costs Orders) Regulation 2020

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Motor Accident Injuries (ACAT Costs Orders) Regulation 2020 SL2020-10 made under the Motor Accident Injuries Act 2019 Republication No 2 Effective: 19 December 2025 Republication date: 19 December 2025 Last amendment made by SL2025-30 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Motor Accident Injuries (ACAT Costs Orders) Regulation 2020, made under the Motor Accident Injuries Act 2019 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 December 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 19 December 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). R2 19/12/25 Motor Accident Injuries (ACAT Costs Orders) Regulation 2020 Effective: 19/12/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Motor Accident Injuries (ACAT Costs Orders) Regulation 2020 made under the Motor Accident Injuries Act 2019 Contents Page 1 Name of regulation 2 3 Dictionary 2 4 Notes 2 5 Indexation day—Act, s 18, def AWE indexed, par (b) 2 6 External review—costs of proceedings—Act, s 198 (4) 2 7 Transitional—Motor Accident Injuries (ACAT Costs Orders) Amendment Regulation 2025 (No 1) 4 Contents Page contents 2 Motor Accident Injuries (ACAT Costs Orders) Regulation 2020 Effective: 19/12/25 R2 19/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary 5 Endnotes 1 About the endnotes 6 2 Abbreviation key 6 3 Legislation history 7 4 Amendment history 7 5 Earlier republications 8 R2 19/12/25 Motor Accident Injuries (ACAT Costs Orders) Regulation 2020 Effective: 19/12/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Motor Accident Injuries (ACAT Costs Orders) Regulation 2020 made under the Motor Accident Injuries Act 2019 Section 1 page 2 Motor Accident Injuries (ACAT Costs Orders) Regulation 2020 Effective: 19/12/25 R2 19/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1 Name of regulation This regulation is the Motor Accident Injuries (ACAT Costs Orders) Regulation 2020. 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation. Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 Indexation day—Act, s 18, def AWE indexed, par (b) The indexation day for the amount mentioned in section 6 (3) that is to be AWE indexed is 1 October. 6 External review—costs of proceedings—Act, s 198 (4) (1) At any time during a proceeding before the ACAT on an application for external review of an ACAT reviewable decision, a party to the proceeding (the requesting party) may ask the ACAT to order the other party to the proceeding to pay the requesting party’s costs arising from the application for external review (a costs order). Section 6 R2 19/12/25 Motor Accident Injuries (ACAT Costs Orders) Regulation 2020 Effective: 19/12/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The ACAT may make a costs order if— (a) the requesting party gives the ACAT itemised details of the costs within the time the ACAT considers appropriate; and (b) the ACAT is satisfied on reasonable grounds that— (i) the itemised details show the costs were reasonably incurred; and (ii) the costs relate only to the preparation of, and appearances in relation to, the application for external review of the ACAT reviewable decision; and (iii) if a costs order has previously been made in relation to the application—the total of all costs orders for the application do not exceed the maximum amount mentioned in subsection (3); and (iv) it is appropriate to make the order. (3) The maximum amount that the ACAT can order for costs is— $4 000 AWE indexed + ACAT filing fee ACAT filing fee— (a) includes the fee for filing an application; but (b) does not include the fee for additional hearing days. (4) The maximum amount mentioned in subsection (3) includes any GST payable in relation to the work done for or in the proceeding. (5) However, the costs payable to the requesting party are reduced by the amount of any input tax credit for GST to which the requesting party is entitled in relation to the party’s costs. Section 7 page 4 Motor Accident Injuries (ACAT Costs Orders) Regulation 2020 Effective: 19/12/25 R2 19/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) In this section: costs means the fees, disbursements and expenses that the ACAT considers necessary for the preparation of, and appearances in relation to, an application for external review of an ACAT reviewable decision. input tax credit—see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), section 195-1 (Dictionary). itemised details, of the costs, means details of— (a) the legal costs (clearly identifying costs that are legal fees and costs that are disbursements) payable by the party to the party’s lawyer; and (b) other fees or expenses incurred by the party in relation to the application for external review of an ACAT reviewable decision. 7 Transitional—Motor Accident Injuries (ACAT Costs Orders) Amendment Regulation 2025 (No 1) (1) This section applies to an application to the ACAT for external review of an ACAT reviewable decision that is made but not finally decided on or before the commencement day. (2) Section 6, as in force immediately before the commencement day, continues to apply to the application. (3) This section expires 18 months after the day it commences. Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88). (4) In this section: commencement day means the day the Motor Accident Injuries (ACAT Costs Orders) Amendment Regulation 2025 (No 1), section 4 commences. Dictionary R2 19/12/25 Motor Accident Injuries (ACAT Costs Orders) Regulation 2020 Effective: 19/12/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • GST • proceeding. Note 3 Terms used in this regulation have the same meaning that they have in the Motor Accident Injuries Act 2019 (see Legislation Act, s 148). For example, the following term is defined in the Motor Accident Injuries Act 2019, dict: • ACAT reviewable decision • AWE indexed. Endnotes 1 About the endnotes page 6 Motor Accident Injuries (ACAT Costs Orders) Regulation 2020 Effective: 19/12/25 R2 19/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Endnotes Legislation history 3 R2 19/12/25 Motor Accident Injuries (ACAT Costs Orders) Regulation 2020 Effective: 19/12/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Motor Accident Injuries (ACAT Costs Orders) Regulation 2020 SL2020-10 notified LR 26 March 2020 s 1, s 2 commenced 26 March 2020 (LA s 75 (1)) remainder commenced 27 March 2020 (s 2) as amended by Motor Accident Injuries (ACAT Costs Orders) Amendment Regulation 2025 (No 1) SL2025-30 notified LR 18 December 2025 s 1, s 2 commenced 18 December 2025 (LA s 75 (1)) remainder commenced 19 December 2025 (s 2) 4 Amendment history Commencement s 2 om LA s 89 (4) External review—costs of proceedings—Act, s 198 (4) s 6 am SL2025-30 s 4 Transitional—Motor Accident Injuries (ACAT Costs Orders) Amendment Regulation 2025 (No 1) s 7 ins SL2025-30 s 5 exp 19 June 2027 (s 7 (3)) Endnotes 5 Earlier republications page 8 Motor Accident Injuries (ACAT Costs Orders) Regulation 2020 Effective: 19/12/25 R2 19/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 27 Mar 2020 27 Mar 2020– 18 Dec 2025 not amended new regulation © Australian Capital Territory 2025