293Risks not covered by MAI policy

293 Risks not covered by MAI policy (1) An MAI policy does not insure against the risk of any of the (a) liability to pay compensation under the Workers Compensation Act 1951 (or a corresponding law of a State or another territory); (b) liability that may be incurred under an agreement unless the liability would have arisen without the agreement; (c) liability for personal injury, damage or loss that is attributable to an act that has been notified, in writing, by the MAI commission to be an act of terrorism; (d) liability for personal injury, damage or loss— (i) that arises independently of a wrongful act or omission; or (ii) in relation to a motor accident claim—to the extent that the personal injury, loss or damage is attributable to the injured person’s own wrongful act or omission; (e) liability to pay exemplary, punitive or aggravated damages;

(f) liability to pay damages for a personal injury that arises gradually from a series of incidents; (g) liability to pay the treatment, care and support costs of a participant in the LTCS scheme; (h) any other liability prescribed by regulation. (2) To remove any doubt, an MAI policy does not insure the responsible person for, or the driver of, a motor vehicle if— (a) the motor vehicle is in an area that is subject to a declaration under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) that has the effect of disapplying this Act; or (b) the motor vehicle is subject to a declaration under the Road Transport (General) Act 1999, section 13 (Power to exclude vehicles, persons or animals from road transport legislation) that has the effect of disapplying this Act; or (c) the responsible person or driver is subject to a declaration under the Road Transport (General) Act 1999, section 13 that has the effect of disapplying this Act. act of terrorism— (a) means an act that— (i) causes or threatens to cause death, personal injury or damage to property; and (ii) is designed to influence a government or intimidate the public or a section of the public; and

(iii) is carried out for the purpose of advancing a political, religious, ideological, ethnic or similar cause; but (b) does not include a lawful activity or industrial action.