Motor Accident Injuries (Premiums and Administration) Regulation 2019 (ACT)

This Regulation implements detailed operational rules under the Motor Accident Injuries Act 2019 for indexation, benefit calculations, premium classes and administration, insurer licensing procedures, nominal defendant funding, and specified offences connected with motor accident insurance in the Australian Capital Territory. It prescribes technical inputs and administrative procedures that determine monetary amounts, indexation mechanics, premium-class definitions and liability allocation among insurers, the Territory and the Commonwealth.

Mechanically, the Regulation:

Prescribes the AWE series to be used for all AWE-based indexation (Persons: fulltime adult total earnings series,seasonally adjusted for the ACT), and fixes indexation and adjustment days for different categories of benefits and payments (ss 6-11).
Sets the AWE indexation and adjustment factor formulas, rounding rules to three decimal places and a floor of 1 to prevent negative indexation reducing statutory amounts (ss 8-11).
Fixes the quantum and formula for the interim weekly payment: 22.5% of $2,250 AWE indexed, rounded up to the nearest cent (s 12).
Allows injured persons to give notice of changed circumstances orally but requires written confirmation within 10 business days (s 13).
Creates a mechanism for treating whole person impairment (WPI) as 10 per cent where specific recovery-plan and treatment conditions are satisfied (s 13A).
Specifies what counts as medical treatment for the Act’s purposes and excludes some categories (dental not by a registered dental specialist, optometry except postoperative care, paramedicine) while referring to the Health Practitioner Regulation framework (s 13B).
Caps legal costs when a mandatory final offer between $30,000 and $50,000 is accepted, namely costs on a party and party basis paid by the insurer and not to exceed $5,000 AWE indexed (s 13C).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Motor Accident Injuries (Premiums and Administration) Regulation 2019 SL2019-28 made under the Motor Accident Injuries Act 2019 Republication No 6 Effective: 16 May 2025 Republication date: 16 May 2025 Last amendment made by SL2025-4

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 (Premiums and Administration) Regulation 2019, 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 16 May 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 May 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).

R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Motor Accident Injuries (Premiums and Administration) Regulation 2019 made under the Motor Accident Injuries Act 2019 Contents Page Part 1 Preliminary 1 Name of regulation 2 3 Dictionary 2 4 Notes 2 5 Offences against regulation—application of Criminal Code etc 3 Part 2 Important concepts 6 Average weekly earnings series—Act, s 17, def average weekly earnings 4 7 Indexation day—Act, s 18, def AWE indexed, par (b) 4

Contents Page contents 2 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8 AWE indexation factor—income replacement benefits—Act, s 19 (3), def AWE indexation factor 5 9 AWE indexation factor—amounts indexed annually—Act, s 19 (3), def AWE indexation factor 7 10 Adjustment day—Act, s 94 (1), def AWE adjusted, par (b) 9 11 AWE adjustment factor—Act, s 95 (3), def AWE adjustment factor 9 Part 3 Income replacement benefits 12 Amount of interim weekly payment—prescribed percentage—Act, s 103 (3) 11 13 Notice of changed circumstances—Act, s 106 (3) 11 Part 3A Quality of life benefits 13A WPI taken to be 10% in certain circumstances—prescribed requirements—Act, s 133 (1) (b) (i) 12 Part 3B Medical treatment 13B Medical treatment—Act, s 221, def medical treatment 13 Part 3C Motor accident claims 13C Mandatory final offer accepted—costs—Act, s 266 (2) 14 Part 3D MAI insurance 13D Offence—registered operator use, or permit or allow use of, uninsured motor vehicle on road or road related area 15 Part 4 MAI premiums 14 Definitions—pt 4 16 15 Licensed insurers to have annual MAI premium approved for MAI premium classes 16 16 MAI premium if vehicle or plate in multiple classes 17 17 MAI premiums for policies for less than 1 year 17 18 Additional MAI premium payable if change in construction or use of vehicle 18

Contents Page R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Nominal defendant Division 5.1 Nominal defendant’s liabilities 19 Circumstances in which motor vehicle has sufficient connection with ACT—Act, s 326 (4) 19 Division 5.2 Nominal defendant fund 20 Collections for nominal defendant fund—prescribed person— Act, s 331 (1) (a) 19 21 Collections for nominal defendant fund—arrangements— Act, s 331 (1) (b) 20 22 Collections for nominal defendant fund—collection notice— Act, s 331 (1) (b) 20 23 Offence—failure to pay contribution—Act, s 331 (1) (b) 21 Part 6 MAI insurer licences 24 What must be included in an insurance industry deed—Act, s 360 (2) 22 25 Application requirements—Act, s 362 (2) 22 26 Financial penalties—matters that must be considered—Act, s 394D (1) (c) 23 Schedule 1 MAI premium classes 26 Part 1.1 Definitions 26 1.1 Definitions—sch 1 26 Part 1.2 MAI premium classes 30 Dictionary 34 Endnotes 1 About the endnotes 38 2 Abbreviation key 38 3 Legislation history 39

Contents Page contents 4 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history 40 5 Earlier republications 42

R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Motor Accident Injuries (Premiums and Administration) Regulation 2019 made under the Motor Accident Injuries Act 2019

Part 1 Preliminary Section 1 page 2 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Motor Accident Injuries (Premiums and Administration) Regulation 2019. 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, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘input tax credit—see the A New Tax System (Goods and Services) Act 1999 (Cwlth), section 195-1 (Dictionary).’ means that the term ‘input tax credit’ is defined in that section and the definition applies to this regulation. Note 2 A definition in the dictionary (including a signpost definition) 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.

Preliminary Part 1 Section 5 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Important concepts Section 6 page 4 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Important concepts 6 Average weekly earnings series—Act, s 17, def average weekly earnings The series known as Persons: fulltime adult total earnings series— seasonally adjusted for the ACT in Average Weekly Earnings, Australia (State and Territory Earnings), issued by the Australian statistician, is prescribed. Note Average Weekly Earnings, Australia is issued in May and November and is available at www.abs.gov.au. 7 Indexation day—Act, s 18, def AWE indexed, par (b) (1) The indexation days for each amount mentioned in the following sections of the Act that is to be AWE indexed are 1 April and 1 October: (a) section 96 (Amount of income replacement benefits—first payment period); (b) section 97 (Amount of income replacement benefits—second payment period); (c) section 103 (Income replacement benefits—interim weekly payments). (2) The indexation day for each amount mentioned in the following sections of the Act that is to be AWE indexed is 1 October: (a) section 139 (5) (a) (Insurer believes injuries stable but no permanent impairment); (b) section 167 (1) (Amount of quality of life benefits payable); (c) section 174 (Amount of death benefits payable); (d) section 181 (Funeral benefits—maximum amount payable);

Important concepts Part 2 Section 8 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) section 243 (Quality of life damages—amount that may be awarded); (f) section 244 (2) (Quality of life damages—amount that may be awarded for children); (g) section 276 (1) (Costs—awards of damages over $50 000). Note Also, the indexation day for an amount that is to be AWE indexed mentioned in the Motor Accident Injuries (ACAT Costs Orders) Regulation 2020, s 6 (3) is 1 October (see that regulation, s 5). (3) The indexation day for the amount mentioned in section 13C (c) that is to be AWE indexed is 1 October. 8 AWE indexation factor—income replacement benefits— Act, s 19 (3), def AWE indexation factor (1) This section applies to an amount to be AWE indexed (an AWE indexed amount) on an indexation day for the amount under the following sections of the Act: (a) section 96 (Amount of income replacement benefits—first payment period); (b) section 97 (Amount of income replacement benefits—second payment period); (c) section 103 (Income replacement benefits—interim weekly payments). (2) The AWE indexation factor for an AWE indexed amount on an indexation day is the factor worked out using the following formula and applying subsections (4) and (5): AWE1 AWE2 AWE1 means the AWE published for the period ending immediately before the indexation day.

Part 2 Important concepts Section 8 page 6 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au AWE2 means the AWE published for the period ending 6 months before the indexation day. (3) However, if, on an indexation day for an AWE indexed amount, the effect of a negative adjustment is to be offset against an increase in line with an adjustment in the AWE, the AWE indexation factor for the amount is worked out using the following formula and applying subsections (4) and (5): AWE1 AWE3 AWE1 means the AWE published for the period ending immediately before the indexation day. AWE3 means the AWE published for the period ending 6 months before an indexation day when a negative adjustment that has not been offset first occurred. Example—offsetting of negative adjustment The following AWE amounts are published in 2020, 2021 and 2022: (a) for May 2020—$1 680; (b) for November 2020—$1 700; (c) for May 2021—$1 690; (c) for November 2021—$1 695; (d) for May 2022—$1 750. For the indexation day on 1 October 2021, the AWE indexation factor is $1 690/$1 700. Because the AWE indexation factor would be less than 1, the AWE indexation factor for 1 October 2021 is 1. A negative adjustment applies for the indexation day on 1 April 2022. The indexation factor is $1 695/$1 700. Because the AWE indexation factor would be less than 1, the AWE indexation factor for 1 April 2022 is 1. A negative adjustment also applies for the indexation day on 1 October 2022. The indexation factor is $1 750/$1 700. The negative adjustment is now fully offset and the AWE indexation factor for 1 October 2022 is 1.02941 rounded to 1.029. Note The Act, s 18 sets out what happens if an amount to be AWE indexed would, if adjusted in line with a negative adjustment to the AWE, become smaller.

Important concepts Part 2 Section 9 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The AWE indexation factor for the AWE indexed amount must be— (a) worked out to 3 decimal places; and (b) if the 4th decimal place is 5 or more—rounded up. (5) If the AWE indexation factor worked out under subsection (2) or (3) would be less than 1, the AWE indexation factor is 1. 9 AWE indexation factor—amounts indexed annually—Act, s 19 (3), def AWE indexation factor (1) This section applies to an amount to be AWE indexed (an AWE indexed amount) on an indexation day for the amount under the following sections of the Act: (a) section 139 (5) (a) (Insurer believes injuries stable but no permanent impairment); (b) section 167 (1) (Amount of quality of life benefits payable); (c) section 174 (Amount of death benefits payable); (d) section 181 (Funeral benefits—maximum amount payable); (e) section 243 (Quality of life damages—amount that may be awarded); (f) section 244 (2) (Quality of life damages—amount that may be awarded for children); (g) section 276 (1) (Costs—awards of damages over $50 000). (2) This section also applies to an AWE indexed amount mentioned in the following sections: (a) section 13C (c); (b) Motor Accident Injuries (ACAT Costs Orders) Regulation 2020, section 6 (3).

Part 2 Important concepts Section 9 page 8 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The AWE indexation factor for an AWE indexed amount on an indexation day is the factor worked out using the following formula and applying subsections (5) and (6): AWE1 AWE2 AWE1 means the AWE published for the period ending immediately before the indexation day. AWE2 means the AWE published for the period ending 12 months before the indexation day. (4) However, if, on an indexation day for an AWE indexed amount, the effect of a negative adjustment is to be offset against an increase in line with an adjustment in the AWE, the AWE indexation factor for the amount is worked out using the following formula and applying subsections (5) and (6): AWE1 AWE3 AWE1 means the AWE published for the period ending immediately before the indexation day. AWE3 means the AWE published for the period ending 12 months before an indexation day when a negative adjustment that has not been offset first occurred. Note The Act, s 18 sets out what happens if an amount to be AWE indexed would, if adjusted in line with a negative adjustment to the AWE, become smaller. (5) The AWE indexation factor for the AWE indexed amount must be— (a) worked out to 3 decimal places; and (b) if the 4th decimal place is 5 or more—rounded up. (6) If the AWE indexation factor worked out under subsection (3) or (4) would be less than 1, the AWE indexation factor is 1.

Important concepts Part 2 Section 10 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 Adjustment day—Act, s 94 (1), def AWE adjusted, par (b) The adjustment days for a person’s pre-injury income are 1 April and 1 October. 11 AWE adjustment factor—Act, s 95 (3), def AWE adjustment factor (1) The AWE adjustment factor for an amount of pre-injury income to be adjusted on an adjustment day is the factor worked out using the following formula and applying subsections (3) and (4): AWE1 AWE2 AWE1 means the AWE published for the period ending immediately before the adjustment day. AWE2 means the AWE published for the period ending 6 months before the adjustment day. (2) However, if, on an adjustment day for an amount of pre-injury income to be adjusted, the effect of a negative adjustment is to be offset against an increase in line with an adjustment in the AWE, the AWE adjustment factor is the factor worked out using the following formula and applying subsections (3) and (4): AWE1 AWE3 AWE1 means the AWE published for the period ending immediately before the adjustment day. AWE3 means the AWE published for the period ending 6 months before an adjustment day when a negative adjustment that has not been offset first occurred. Note The Act, s 94 sets out what happens if an amount to be AWE adjusted would, if adjusted in line with a negative adjustment to the AWE, become smaller.

Part 2 Important concepts Section 11 page 10 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The AWE adjustment factor for the amount must be— (a) worked out to 3 decimal places; and (b) if the 4th decimal place is 5 or more—rounded up. (4) If the AWE adjustment factor worked out under subsection (1) or (2) would be less than 1, the AWE adjustment factor is 1.

Income replacement benefits Part 3 Section 12 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Income replacement benefits 12 Amount of interim weekly payment—prescribed percentage—Act, s 103 (3) The amount of the interim weekly payment is 22.5% of $2 250 AWE indexed, rounded up to the nearest cent. 13 Notice of changed circumstances—Act, s 106 (3) (1) Notice may be given orally or in writing. Note For how documents may be given, see the Legislation Act, pt 19.5. (2) If an injured person gives notice orally, the injured person must confirm the notice, in writing, within 10 business days after giving the oral notice.

Part 3A Quality of life benefits Section 13A page 12 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3A Quality of life benefits 13A WPI taken to be 10% in certain circumstances— prescribed requirements—Act, s 133 (1) (b) (i) The injured person must— (a) have a current recovery plan under which the injured person requires ongoing treatment and care; and (b) be undergoing treatment and care that has been approved by the relevant insurer in accordance with the Act. Example—treatment and care that is ongoing regular occupational therapy and speech pathology sessions Note Under the Act, s 124, an injured person’s recovery plan must state the treatment and care approved by the relevant insurer as reasonable and necessary treatment and care for the person.

Medical treatment Part 3B Section 13B R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3B Medical treatment 13B Medical treatment—Act, s 221, def medical treatment (1) Treatment provided by a health practitioner is prescribed, other than the following treatment: (a) dental treatment not provided by a dentist registered as a dental specialist with the Dental Board of Australia; (b) optometry other than post-operative treatment following surgery by a registered medical practitioner; (c) paramedicine. Note Health practitioner—see the Legislation Act, dictionary. Medical practitioner—see the Legislation Act, dictionary. (2) In this section: Dental Board of Australia means the National Health Practitioner Board continued for the dental health profession under the Health Practitioner Regulation National Law Regulation 2018, section 4.

Part 3C Motor accident claims Section 13C page 14 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3C Motor accident claims 13C Mandatory final offer accepted—costs—Act, s 266 (2) If a mandatory final offer for at least $30 000 but not more than $50 000 is accepted, costs (including disbursements) must— (a) be worked out on a party and party basis; and (b) be paid by the insurer; and (c) not exceed $5 000 AWE indexed.

MAI insurance Part 3D Section 13D R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3D MAI insurance 13D Offence—registered operator use, or permit or allow use of, uninsured motor vehicle on road or road related area (1) A person commits an offence if— (a) the person— (i) is the registered operator of a motor vehicle; and (ii) uses, or permits or allows another person to use, the vehicle on a road or road related area; and (b) the vehicle is not an insured motor vehicle. Maximum penalty: 20 penalty units. (2) This section does not apply to a registered operator of a motor vehicle if— (a) there is an unregistered vehicle permit in force for the vehicle; or (b) the registration provisions do not apply to the vehicle because of the Road Transport (Vehicle Registration) Regulation 2000, part 2.2 (Vehicles not subject to registration provisions); or (c) the motor vehicle is owned by— (i) the Territory or a territory authority; or (ii) the Commonwealth or a Commonwealth authority. (3) An offence against this section is a strict liability offence.

Part 4 MAI premiums Section 14 page 16 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 MAI premiums 14 Definitions—pt 4 In this part: annual MAI premium, for an MAI policy, means the premium payable for insurance under the MAI policy for 1 year. MAI premium class means a class mentioned in an item in schedule 1, part 1.2, consisting of— (a) a class number mentioned in column 2 for the item; and (b) a kind of motor vehicle or trader’s plate mentioned in column 3 for the item; and (c) a case (if any) mentioned in column 4 for the item; and (d) an entitlement to an input tax credit mentioned in column 5 for the item. 15 Licensed insurers to have annual MAI premium approved for MAI premium classes A licensed insurer must have an annual MAI premium approved by the MAI commission under the Act, part 6.7 (MAI premiums), for each MAI premium class.

MAI premiums Part 4 Section 16 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 16 MAI premium if vehicle or plate in multiple classes (1) This section applies if a motor vehicle or trader’s plate fits into 2 or more MAI premium classes. (2) The maximum MAI premium payable for an MAI policy for the vehicle or plate is the higher of the maximum premiums that apply to the vehicle or plate. Example Phillipe uses his ute for car sharing. This means the ute fits into both MAI premium class 3 (goods vehicle) and class 25B (personal share vehicle). If the MAI premium is higher for class 25B than class 3, Phillipe must pay the class 25B premium. 17 MAI premiums for policies for less than 1 year (1) This section applies if a person— (a) registers a motor vehicle for less than 1 year; or (b) renews the registration of a motor vehicle for less than 1 year; or (c) is issued with a trader’s plate for less than 1 year; or (d) enters into an MAI policy for a light rail vehicle for less than 1 year. Note An MAI premium for an MAI policy must be paid when— (a) registering a vehicle (see Act, s 298); and (b) renewing the registration of a vehicle (see Act, s 299); and (c) applying for a trader’s plate (see Act, s 300); and (d) intending to use a light rail vehicle (see Act, s 301). (2) The maximum MAI premium payable for an MAI policy for the vehicle or plate must be worked out in accordance with the MAI guidelines.

Part 4 MAI premiums Section 18 page 18 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 18 Additional MAI premium payable if change in construction or use of vehicle (1) This section applies if— (a) an MAI premium (the original premium) has been paid for an MAI policy for a motor vehicle; and (b) a change is made in the construction or use of the motor vehicle; and (c) because of the change, a higher MAI premium than the original premium would be payable if a new MAI policy were issued for the motor vehicle. (2) The owner of the motor vehicle is liable to pay an additional MAI premium, starting on the day the change happens, worked out in accordance with the MAI guidelines.

Nominal defendant Part 5 Nominal defendant’s liabilities Division 5.1 Section 19 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Nominal defendant Division 5.1 Nominal defendant’s liabilities 19 Circumstances in which motor vehicle has sufficient connection with ACT—Act, s 326 (4) A motor vehicle has sufficient connection with the ACT if the motor vehicle— (a) is usually used and garaged in the ACT; or (b) is usually used for a business that has its principal place of business in the ACT; or (c) is in the ACT at the time of the motor accident and there is no place outside the ACT where a claim in relation to personal injury could be made against a nominal defendant in relation to the motor accident. Division 5.2 Nominal defendant fund 20 Collections for nominal defendant fund—prescribed person—Act, s 331 (1) (a) The following people (each of whom is a prescribed person) are prescribed: (a) each licensed insurer; (b) the Territory; (c) the Commonwealth.

Part 5 Nominal defendant Division 5.2 Nominal defendant fund Section 21 page 20 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 21 Collections for nominal defendant fund—arrangements— Act, s 331 (1) (b) (1) This section applies if the MAI commission decides an amount to be collected for a financial year under the Act, section 331 (2). (2) The MAI commission must decide what proportion of the amount is to be paid by each prescribed person each quarter. (3) In deciding a prescribed person’s proportion for a quarter, the MAI commission must have regard to— (a) for a licensed insurer—the income received by the insurer for MAI policy premiums in the previous quarter; and (b) for the Territory—the premiums that would have been payable for territory government vehicles in the previous quarter if the vehicles had been insured under MAI policies; and (c) for the Commonwealth—the premiums that would have been payable for commonwealth government vehicles in the previous quarter if the vehicles had been insured under MAI policies. (4) In this section: commonwealth government vehicle means a motor vehicle usually used in the ACT and owned by the Commonwealth or a Commonwealth authority. territory government vehicle means a motor vehicle usually used in the ACT and owned by the Territory or a territory authority. 22 Collections for nominal defendant fund—collection notice—Act, s 331 (1) (b) (1) The MAI commission must give written notice (a collection notice) of a decision under the Act, section 331 (2) to each prescribed person. (2) The collection notice must state— (a) the amount payable by the prescribed person; and

Nominal defendant Part 5 Nominal defendant fund Division 5.2 Section 23 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) that the amount must be paid to the nominal defendant fund not later than a stated date (the due date). (3) The MAI commission may amend or revoke a prescribed person’s collection notice by giving written notice to the prescribed person before the due date. (4) The due date for a prescribed person’s collection notice, or an amended collection notice, must be at least 42 days after the day the collection notice is given to the prescribed person. 23 Offence—failure to pay contribution—Act, s 331 (1) (b) (1) A licensed insurer commits an offence if— (a) a collection notice is in force for the licensed insurer; and (b) the licensed insurer does not pay the amount stated in the notice to the nominal defendant fund on or before the due date stated in the collection notice. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. (3) If the Magistrates Court convicts a licensed insurer, or finds a licensed insurer guilty, of an offence against this section, the court may order the insurer to pay any unpaid amount to the nominal defendant fund. (4) An order under subsection (3) is in addition to a penalty imposed for the offence. (5) For the enforcement of payment of the order and the calculation of interest in relation to a judgment, the order is taken to be a final judgment of the Magistrates Court for the amount stated in the order.

Part 6 MAI insurer licences Section 24 page 22 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 MAI insurer licences 24 What must be included in an insurance industry deed— Act, s 360 (2) (1) The MAI commission must approve the required content for the insurance industry deed. (2) An approval is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (3) The insurance industry deed must be substantially in accordance with the content approved under this section. 25 Application requirements—Act, s 362 (2) An application for an MAI insurer licence must— (a) include the following information: (i) the applicant’s trading name; (ii) the address of the applicant’s registered office; (iii) the applicant’s ABN; (iv) details of reinsurance arrangements proposed to be made for reinsurance for MAI policies to be issued by the applicant; and (b) be accompanied by the following: (i) a copy of the applicant’s authority to carry on an insurance business under the Insurance Act 1973 (Cwlth); (ii) if the applicant is licensed to carry on business as a CTP insurer in another Australian jurisdiction—a copy of the licence from the other jurisdiction;

MAI insurer licences Part 6 Section 26 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) if the applicant is not licensed to carry on business as a CTP insurer in another Australian jurisdiction— (A) a copy of all documents given to APRA in applying for authority to carry on an insurance business under the Insurance Act 1973 (Cwlth); and (B) a copy of the applicant’s latest annual financial accounts and annual statement lodged with ASIC; and (C) a copy of all reports and returns lodged with APRA under reporting and prudential standards applying to the applicant’s general insurance business in relation to the 12 months before the date of the application. 26 Financial penalties—matters that must be considered— Act, s 394D (1) (c) (1) The MAI commission must consider the following matters before deciding to impose a financial penalty on a licensed insurer in relation to conduct of the insurer that constitutes a ground for financial penalty: (a) any adverse effect, or likely adverse effect, of the conduct on the insurer’s payment of any amount to which a person is entitled, including the payment of defined benefits or an award of damages to a person in a proceeding related to a motor accident claim; (b) any adverse effect, or likely adverse effect, of the conduct on a person’s recovery from a personal injury sustained as a result of a motor accident; (c) whether the insurer reported the conduct to the MAI commission; (d) any action taken by the insurer to— (i) investigate the nature and extent of the conduct; and

Part 6 MAI insurer licences Section 26 page 24 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) remediate the conduct; and (iii) remove or mitigate the risk of similar conduct happening; (e) whether the conduct was caused, or likely to have been caused, by a failure of the insurer’s systems or procedures; (f) whether the insurer has contravened— (i) a direction given to the insurer under the Act, section 394G (Directions to licensed insurers—general) in relation to the conduct or any similar conduct; or (ii) a direction given to the insurer under the Act, section 394I (Directions to licensed insurers—remediation plans) in relation to the conduct or any similar conduct; or (iii) a remediation plan approved under the Act, section 394I (5) (a) in relation to the conduct or any similar conduct; (g) any effect, or likely effect, of the conduct on the insurer, including— (i) any adverse effect, or likely adverse effect, on public confidence in the insurer; and (ii) any effect, or likely effect, on the operation of the insurer’s business as an MAI insurer; and (iii) any financial implications, or likely financial implications, for the insurer; (h) any adverse effect, or likely adverse effect, of the conduct on competition between MAI insurers; (i) any adverse effect, or likely adverse effect, of the conduct on the operation of the Act; (j) any adverse effect, or likely adverse effect, of the conduct on public confidence in the operation of the Act;

MAI insurer licences Part 6 Section 26 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (k) any similar conduct, including— (i) whether the insurer reported the similar conduct to the MAI commission; and (ii) any action taken by the insurer to— (A) investigate the nature and extent of the similar conduct; and (B) remediate the similar conduct; and (C) remove or mitigate the risk of further similar conduct happening; (l) any other matter the MAI commission considers relevant. (2) In this section: similar conduct means any conduct of the licensed insurer that is the same as or similar to the conduct constituting the ground for financial penalty.

Schedule 1 MAI premium classes Part 1.1 Definitions Section 1.1 page 26 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 MAI premium classes (see s 14) Part 1.1 Definitions 1.1 Definitions—sch 1 In this schedule: ambulance means a motor vehicle built to transport sick or injured people. breakdown vehicle means a tow truck within the meaning of the Road Transport (Vehicle Registration) Regulation 2000. bus means a motor vehicle used to carry paying passengers but does not include the following: (a) a demand responsive service vehicle; (b) a taxi; (c) a private hire car; (d) a restricted hire car; (e) a rideshare vehicle; (f) a light rail vehicle. car rental service means a business operating a fleet of 5 or more motor vehicles, under common ownership or management, for hire. demand responsive service vehicle—see the Road Transport (Public Passenger Services) Act 2001, section 81.

MAI premium classes Schedule 1 Definitions Part 1.1 Section 1.1 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au drive-yourself vehicle— (a) means a motor vehicle let for hire, without the services of a driver, by a car rental service; but (b) does not include a motor vehicle let for hire under a lease or hire-purchase agreement. firefighting vehicle means a motor vehicle used mainly for firefighting. goods vehicle means a motor vehicle built mainly to transport goods. GVM, of a vehicle––see the Road Transport (Vehicle Registration) Act 1999, dictionary. hire car—see the Road Transport (Public Passenger Services) Act 2001, section 67. historic vehicle—see the Duties Act 1999, section 217 (3). implement—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. input tax credit entitlement means an entitlement to an input tax credit for the MAI premium for an MAI policy. miscellaneous vehicle means a tractor or implement but does not include a primary producer’s tractor. mobile crane means a motor vehicle built mainly as a crane but does not include— (a) a breakdown vehicle; or (b) a tractor. modified historic vehicle means a motor vehicle that— (a) was built at least 30 years ago; and (b) has been modified; and

Schedule 1 MAI premium classes Part 1.1 Definitions Section 1.1 page 28 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) if the vehicle had not been modified—would be classified as a veteran vehicle, vintage vehicle or historic vehicle. Examples—modified historic vehicle street rod or street machine vehicle Examples—modified 1 vehicle’s suspension and wheel guards altered to accommodate tyres wider than original 2 vehicle’s engine adjusted to increase power output (turbocharging) motorbike—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. motorcycle means a motorbike or motortrike. motortrike—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. passenger vehicle means a motor vehicle built mainly to carry people but does not include the following: (a) an ambulance; (b) a bus; (c) a demand responsive service vehicle; (d) a drive-yourself vehicle; (e) a motorcycle; (f) a police vehicle; (g) a private hire car; (h) a rideshare vehicle; (i) a personal share vehicle; (j) a taxi; (k) a light rail vehicle.

MAI premium classes Schedule 1 Definitions Part 1.1 Section 1.1 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au personal share vehicle— (a) means a passenger vehicle, a goods vehicle with a GVM not over 4.5t or a motorcycle let for hire without the services of a driver; but (b) does not include a vehicle let for hire by a car rental service. police vehicle—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. primary producer’s tractor means a tractor used by a primary producer for the producer’s operations as a primary producer. private hire car means a hire car that is not a restricted hire car. restricted hire car—see the Road Transport (Public Passenger Services) Act 2001, section 68. rideshare vehicle—see the Road Transport (Public Passenger Services) Act 2001, section 60A. tractor—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary. undertaker’s vehicle means a motor vehicle used only as an undertaker’s hearse. veteran vehicle—see the Duties Act 1999, section 217 (3). vintage vehicle—see the Duties Act 1999, section 217 (3).

Schedule 1 MAI premium classes Part 1.2 MAI premium classes page 30 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.2 MAI premium classes column 1 item column 2 class number column 3 kind of motor vehicle or trader’s plate column 4 case (if any) column 5 input tax credit entitlement 1 1 passenger vehicle not entitled 2 1 passenger vehicle entitled 3 3 goods vehicle GVM not over 4.5t not entitled 4 3 goods vehicle GVM not over 4.5t entitled 5 4 goods vehicle GVM over 4.5t not entitled 6 4 goods vehicle GVM over 4.5t entitled 7 5A bus or demand responsive service vehicle vehicle has seating for more than 16 adults (including driver) not entitled 8 5A bus or demand responsive service vehicle vehicle has seating for more than 16 adults (including driver) entitled 9 5B bus or demand responsive service vehicle vehicle has seating for not more than 16 adults (including driver) not entitled 10 5B bus or demand responsive service vehicle vehicle has seating for not more than 16 adults (including driver) entitled 11 6 taxi not entitled 12 6 taxi entitled 13 7 private hire car not entitled 14 7 private hire car entitled

MAI premium classes Schedule 1 MAI premium classes Part 1.2 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 class number column 3 kind of motor vehicle or trader’s plate column 4 case (if any) column 5 input tax credit entitlement 15 8 drive-yourself vehicle not entitled 16 8 drive-yourself vehicle entitled 17 9A motorcycle engine capacity over 600cc not entitled 18 9A motorcycle engine capacity over 600cc entitled 19 9B motorcycle engine capacity over 300cc but not over 600cc not entitled 20 9B motorcycle engine capacity over 300cc but not over 600cc entitled 21 9C motorcycle engine capacity not over 300cc not entitled 22 9C motorcycle engine capacity not over 300cc entitled 23 9D motorcycle electrically powered motor not entitled 24 9D motorcycle electrically powered motor entitled 25 10 firefighting vehicle not entitled 26 10 firefighting vehicle entitled 27 11 undertaker’s vehicle not entitled 28 11 undertaker’s vehicle entitled 29 12 breakdown vehicle not entitled 30 12 breakdown vehicle entitled 31 14 miscellaneous vehicle not entitled 32 14 miscellaneous vehicle entitled

Schedule 1 MAI premium classes Part 1.2 MAI premium classes page 32 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 class number column 3 kind of motor vehicle or trader’s plate column 4 case (if any) column 5 input tax credit entitlement 33 15 primary producer’s tractor not entitled 34 15 primary producer’s tractor entitled 35 16 mobile crane not entitled 36 16 mobile crane entitled 37 17 trader’s plate to be attached to a motorcycle not entitled 38 17 trader’s plate to be attached to a motorcycle entitled 39 18 trader’s plate to be attached to a motor vehicle other than a motorcycle not entitled 40 18 trader’s plate to be attached to a motor vehicle other than a motorcycle entitled 41 18D trader’s plate to be attached to a registrable vehicle other than a motor vehicle not entitled 42 18D trader’s plate to be attached to a registrable vehicle other than a motor vehicle entitled 43 19 veteran vehicle not entitled 44 19 veteran vehicle entitled 45 20 vintage vehicle not entitled 46 20 vintage vehicle entitled 47 21 historic vehicle not entitled

MAI premium classes Schedule 1 MAI premium classes Part 1.2 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 class number column 3 kind of motor vehicle or trader’s plate column 4 case (if any) column 5 input tax credit entitlement 48 21 historic vehicle entitled 49 22 ambulance not entitled 50 22 ambulance entitled 51 23 police vehicle not entitled 52 23 police vehicle entitled 53 24 modified historic vehicle not entitled 54 24 modified historic vehicle entitled 55 25A rideshare vehicle not entitled 56 25A rideshare vehicle entitled 57 25B personal share vehicle not entitled 58 25B personal share vehicle entitled 59 26 light rail vehicle not entitled 60 26 light rail vehicle entitled

Dictionary page 34 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 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: • Commonwealth • Criminal Code • disallowable instrument (see s 9) • in relation to • quarter • territory authority • the Territory. 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 terms are defined in the Motor Accident Injuries Act 2019, dict: • APRA • ASIC • AWE (see s 17) • AWE adjusted • AWE indexed • Commonwealth authority • defined benefits (see s 33) • income replacement benefit payment • insurance industry deed (see s 359) • insured motor vehicle (see s 286) • insurer • licensed insurer • MAI commission • MAI guidelines • MAI insurer (see s 287) • MAI policy (see s 286)

Dictionary R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au • MAI premium (see s 314) • motor accident (see s 10) • motor accident claim (see s 228) • nominal defendant (see s 16) • unregistered vehicle permit. Note 4 The Road Transport (General) Act 1999 contains definitions relevant to this Regulation. For example, the following terms are defined in the Road Transport (General) Act 1999, dictionary: • driver • jurisdiction • light rail vehicle • motor vehicle • registered operator • taxi • trader’s plate • vehicle. ambulance, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. annual MAI premium, for an MAI policy, for part 4 (MAI premiums)—see section 14. breakdown vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. bus, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. car rental service, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. collection notice—see section 22. demand responsive service vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1.

Dictionary page 36 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au drive-yourself vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. due date—see section 22. firefighting vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. goods vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. GVM, of a vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. hire car, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. historic vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. implement, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. input tax credit—see the A New Tax System (Goods and Services) Act 1999 (Cwlth), section 195-1 (Dictionary). input tax credit entitlement, for schedule 1 (MAI premium classes)— see schedule 1, section 1.1. MAI premium class, for part 4 (MAI premiums)—see section 14. miscellaneous vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. mobile crane, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. modified historic vehicle, for schedule 1 (MAI premium classes)— see schedule 1, section 1.1. motorbike, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1.

Dictionary R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au motorcycle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. motor trike, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. passenger vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. personal share vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. police vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. prescribed person—see section 20. primary producer’s tractor, for schedule 1 (MAI premium classes)— see schedule 1, section 1.1. private hire car, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. restricted hire car, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. rideshare vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. tractor, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. undertaker’s vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. veteran vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1. vintage vehicle, for schedule 1 (MAI premium classes)—see schedule 1, section 1.1.

Endnotes 1 About the endnotes page 38 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 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 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Motor Accident Injuries (Premiums and Administration) Regulation 2019 SL2019-28 notified LR 17 October 2019 s 1, s 2 commenced 17 October 2019 (LA s 79 (1)) remainder commenced 1 February 2020 (s 2 and see Motor Accident Injuries Act 2019 A2019-12, s 2 (1) and CN2019-13) as amended by Motor Accident Injuries (Premiums and Administration) Amendment Regulation 2020 (No 1) SL2020-11 notified LR 2 April 2020 s 1, s 2 commenced 2 April 2020 (LA s 79 (1)) s 4, s 7 commenced 3 April 2020 (s 2 (2) (b)) remainder commenced 3 April 2020 (s 2 (1)) Motor Accident Injuries (Premiums and Administration) Amendment Regulation 2022 (No 1) SL2022-18 notified LR 8 December 2022 s 1, s 2 commenced 8 December 2022 (LA s 79 (1)) remainder commenced 9 December 2022 (s 2) Motor Accident Injuries (Premiums and Administration) Amendment Regulation 2023 (No 1) SL2023-37 notified LR 14 December 2023 s 1, s 2 commenced 14 December 2023 (LA s 79 (1)) remainder commenced 15 December 2023 (s 2) Motor Accident Injuries (Premiums and Administration) Amendment Regulation 2025 (No 1) SL2025-4 notified LR 15 May 2025 s 1, s 2 commenced 15 May 2025 (LA s 79 (1)) remainder commenced 16 May 2025 (s 2)

Endnotes 4 Amendment history page 40 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Indexation day—Act, s 18, def AWE indexed, par (b) s 7 am SL2020-11 s 4, s 5; ss renum R2 LA (4), (5) exp 1 February 2021 (s 7 (5)) AWE indexation factor—amounts indexed annually—Act, s 19 (3), def AWE indexation factor s 9 am SL2020-11 s 7; ss renum R2 LA Adjustment day—Act, s 94 (1), def AWE adjusted, par (b) s 10 (2), (3) exp 1 February 2021 (s 10 (3)) Amount of interim weekly payment—prescribed percentage—Act, s 103 (3) s 12 am SL2022-18 s 4 Quality of life benefits pt 3A hdg ins SL2020-11 s 8 WPI taken to be 10% in certain circumstances—prescribed requirements— Act, s 133 (1) (b) (i) s 13A ins SL2020-11 s 8 Medical treatment pt 3B hdg ins SL2020-11 s 8 Medical treatment—Act, s 221, def medical treatment s 13B ins SL2020-11 s 8 Motor accident claims pt 3C hdg ins SL2020-11 s 8 Mandatory final offer accepted—costs—Act, s 266 (2) s 13C ins SL2020-11 s 8 MAI insurance pt 3D hdg ins SL2025-4 s 4 Offence—registered operator use, or permit or allow use of, uninsured motor vehicle on road or road related area s 13D ins SL2025-4 s 4 Collections for nominal defendant fund—arrangements—Act, s 331 (1) (b) s 21 am SL2025-4 ss 5-7 Offence—failure to pay contribution—Act, s 331 (1) (b) s 23 am SL2020-11 s 9; ss renum R2 LA Financial penalties—matters that must be considered—Act, s 394D (1) (c) s 26 ins SL2023-37 s 4

Endnotes Amendment history 4 R6 16/05/25 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Definitions—sch 1 sch 1 s 1.1 def modified historic vehicle ins SL2022-18 s 5 MAI premium classes sch 1 pt 1.2 am SL2022-18 s 6; items renum R4 LA Dictionary dict am SL2025-4 ss 8-10 def modified historic vehicle ins SL2022-18 s 7

Endnotes 5 Earlier republications page 42 Motor Accident Injuries (Premiums and Administration) Regulation 2019 Effective: 16/05/25 R6 16/05/25 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 1 Feb 2020 1 Feb 2020– 2 Apr 2020 not amended new regulation R2 3 Apr 2020 3 Apr 2020– 1 Feb 2021 SL2020-11 amendments by SL2020-11 R3 2 Feb 2021 2 Feb 2021– 8 Dec 2022 SL2020-11 expiry of provisions (s 7 (4), (5) and s 10 (2), (3)) R4 9 Dec 2022 9 Dec 2022– 14 Dec 2023 SL2022-18 amendments by SL2022-18 R5 15 Dec 2023 15 Dec 2023– 15 May 2025 SL2023-37 amendments by SL2023-37 © Australian Capital Territory 2025

The Regulation operationalises a number of core legal concepts in the Motor Accident Injuries framework by defining how to calculate, index and administer monetary entitlements and obligations.

AWE indexation and adjustment

The Regulation prescribes the ABS series to be used for average weekly earnings (AWE) indexing (s 6). Indexation days are fixed for different statutory amounts: some amounts use 1 April and 1 October (notably the income replacement benefit amounts and interim weekly payments, s 7(1)), while others use 1 October (s 7(2)). Adjustment days for pre-injury income are 1 April and 1 October (s 10).
It provides explicit formulas for the AWE indexation factor, with separate formulas for benefits indexed semi-annually and annually (ss 8-9), and for adjustment factors for pre-injury income (s 11). The formulas compare the AWE value immediately before the indexation/adjustment day with the AWE value 6 months or 12 months before, depending on the provision. Subsections impose a calculation standard (three decimal places; rounding up the 4th decimal digit) and a floor of 1 so statutory figures do not fall due to negative AWE adjustments (ss 8(4)-(5), 9(5)-(6), 11(3)-(4)).
The Regulation also prescribes mechanics for offsetting prior negative adjustments so that indexation resumes correctly once AWE recovers (ss 8(3), 9(4), with worked examples in s 8).

Monetary baselines and caps

The interim weekly payment formula is precise: 22.5% of $2,250 AWE indexed, rounded up to the nearest cent (s 12). This fixes both the base dollar figure and the proportion, and ties future changes to the AWE mechanics above.
Costs for accepted mandatory final offers in a specified range are capped to $5,000 AWE indexed and must be worked out on a party and party basis and paid by the insurer (s 13C).

Defined administrative thresholds and classes

Schedule 1 sets out 60 MAI premium classes (part 1.2) and detailed definitions of vehicle and plate types in part 1.1. Each class is defined by a class number, the kind of vehicle or trader’s plate in column 3, any case provisions in column 4 (such as seating capacity thresholds), and whether an input tax credit entitlement is present in column 5. The schedule is the operative taxonomy for premium-setting and classification (s 14).
Section 16 governs the overlap case where a vehicle or plate fits multiple classes: the maximum premium payable is the higher of the maximum premiums for those classes.

Delegation to MAI guidelines and MAI commission

Premium calculations for policies shorter than one year and additional premiums following a change in construction or use are to be worked out in accordance with MAI guidelines (ss 17(2), 18(2)). The MAI commission must approve the content for the insurance industry deed and those approvals are disallowable instruments (s 24).
The MAI commission decides annual MAI premiums under the Act (s 15), decides nominal defendant fund collection proportions each quarter and issues collection notices with defined notice periods (ss 21-22). These give a central administrative body substantial control over premium-setting, allocation and collection processes.

Liability and enforcement

Strict liability offences appear in the Regulation: the registered operator using or allowing use of an uninsured vehicle (s 13D(3)), and licensed insurers failing to pay collection notices to the nominal defendant fund (s 23(2)). Both carry a maximum of 20 penalty units (ss 13D(1), 23(1)); the Regulation’s endnotes record penalty unit values at the republication date (see preface).
The Magistrates Court is empowered to order payment of unpaid amounts where a licensed insurer is convicted or found guilty for non-payment, and such an order is treated as a final judgment for enforcement and interest purposes (s 23(3)-(5)).

Interaction with other statutory frameworks

The Regulation cross-references multiple other statutes and instruments. Definitions may be drawn from the Motor Accident Injuries Act 2019 and the Legislation Act 2001 (dictionary note, s 3 and the dictionary). It refers to the A New Tax System (Goods and Services) Act 1999 for input tax credit definitions, to the Insurance Act 1973 for authority to carry on insurance business, and to APRA and ASIC reporting regimes for licensing documents (s 25). The Dental Board of Australia under the Health Practitioner Regulation National Law Regulation 2018 is invoked for the medical treatment exclusions (s 13B(2)).

Operational clarifications for claimants and insurers

Injured persons may have an oral notice of changed circumstances accepted, but must confirm it in writing within 10 business days (s 13(1)-(2)). A WPI may be treated as 10 per cent when a claimant both has a current recovery plan requiring ongoing treatment and is receiving insurer-approved ongoing treatment (s 13A). These rules directly affect claim processes, case management and the timing of benefit adjustments.

Taken together, the main concepts are the indexation/adjustment machinery, a fine-grained premium-class taxonomy, delegation of procedural calculations to MAI guidelines and commission decisions, clearly circumscribed rules for benefit amounts and caps, and specified compliance/enforcement provisions that feature strict liability offences and Magistrates Court enforcement options.

This Regulation creates duties and entitlements that fall on a defined set of actors. Principal affected groups include licensed insurers, MAI insurers and MAI insurer applicants, registered operators and vehicle owners, injured persons, health practitioners, the MAI commission and government vehicle-owning agencies.

Licensed insurers and MAI insurers

Licensed insurers must have an annual MAI premium approved by the MAI commission for each MAI premium class they underwrite (s 15). Insurance businesses applying for MAI insurer licences must submit trading name, registered office address, ABN, and reinsurance details, and accompany their application with evidence of authority under the Insurance Act 1973 (Cwlth), and APRA/ASIC reporting depending on whether they hold CTP licences elsewhere (s 25). Licensed insurers are also prescribed persons for nominal defendant fund contributions (s 20(a)), and face a strict liability offence if they fail to pay collection notices (s 23). The MAI commission may impose financial penalties on licensed insurers, and the Regulation prescribes the matters the commission must consider before imposing such penalties (s 26).

Registered operators and vehicle owners

Section 13D creates a strict liability offence for a registered operator who uses, or permits or allows another person to use, an uninsured motor vehicle on a road or road-related area, subject to specified exceptions (s 13D(1)-(2)). Vehicle owners who change the construction or use of a vehicle in a way that would cause a higher MAI premium if a new policy were issued are liable to pay an additional MAI premium from the day the change occurs, as worked out under the MAI guidelines (s 18). Owners registering for periods shorter than one year must have premiums calculated according to MAI guidelines (s 17).

Injured persons and claimants

The Regulation affects injured persons procedurally and financially. It prescribes the interim weekly payment (s 12); allows oral notice of changed circumstances subject to written confirmation within 10 business days (s 13); and sets a pathway for WPI to be treated as 10 per cent where a recovery plan exists and treatment is insurer-approved (s 13A). The Regulation also limits costs recoverable where a mandatory final offer is accepted within a certain dollar band, which will affect net recoveries for claimants and their advisers (s 13C).

Health practitioners

The Regulation prescribes that treatment provided by health practitioners is captured as medical treatment for the Act, but excludes certain categories unless provided by specific registered practitioners or in certain circumstances (s 13B(1)). The Regulation therefore affects which practitioner services are billable as medical treatment within the MAI scheme, and thus affects service providers and billing arrangements.

The Territory and Commonwealth

Both are prescribed persons for nominal defendant fund collections (s 20). The MAI commission must have regard to the notional premiums that would have been payable for territory and Commonwealth government vehicles when deciding proportions for nominal defendant fund collections (s 21(3)(b)-(c)). This creates a fiscal link between government fleets and the nominal defendant funding model.

MAI commission and administrative actors

The MAI commission is given operative decision-making tasks under the Regulation, including approving content for the insurance industry deed (a disallowable instrument, s 24), approving annual MAI premiums (s 15), deciding nominal defendant fund allocations and issuing collection notices (ss 21-22), and considering matters before imposing financial penalties (s 26). These powers place central administrative responsibility and discretion with the MAI commission and create obligations on regulated entities to engage with that administrative process.

Other bodies and cross-jurisdictional actors

APRA and ASIC figures and documents are required for licence applications when an insurer is not already licensed elsewhere (s 25(b)(iii)). The Regulation references national professional regulation instruments (Health Practitioner Regulation National Law Regulation 2018) for medical-specialist definitions (s 13B(2)). The A New Tax System (Goods and Services) Act 1999 is invoked for input tax credit definitions used in premium-class table column 5 (schedule 1, and dictionary).

In summary, the Regulation imposes routine operational, reporting and payment obligations on insurers and MAI insurer applicants; creates criminal-strict-liability risk for registered operators who allow uninsured vehicles on roads; imposes premium and contribution liabilities on vehicle owners and government fleet owners; affects injured persons’ procedural requirements for notices and the conditions under which impairment percentages can be treated; and centralises administrative decisions with the MAI commission and MAI guidelines.

The Regulation imposes explicit duties and creates rights in relation to indexing, notifications, premiums, licences, fund contributions and enforcement. Below are the principal points of obligation and entitlement, with section references.

Duties on licensed insurers and MAI insurers

Obtain MAI commission approval for an annual MAI premium for each MAI premium class the insurer underwrites (s 15). This is a precondition to offering insurance products that attract MAI premiums.
Supply specified documentation with MAI insurer licence applications: trading name, registered office address, ABN, reinsurance arrangements and copies of authority under the Insurance Act 1973 (Cwlth) and APRA/ASIC reporting where applicable (s 25). If the applicant lacks CTP licences elsewhere, additional APRA/ASIC reports and financial accounts must be supplied (s 25(b)(iii)(A)-(C)).
If a licensed insurer receives a collection notice from the MAI commission for the nominal defendant fund, the insurer must pay the stated amount by the due date on the notice (s 22(2)-(4)). Failure to pay is a strict liability offence for the insurer with a penalty and potential court-ordered payment enforcement (s 23(1)-(5)).

Duties on vehicle owners and registered operators

Owners who change the construction or use of a motor vehicle in a way that would cause a higher MAI premium must pay an additional MAI premium from the day of the change, calculated according to MAI guidelines (s 18). The duty attaches to the owner.
Registered operators must not use, and must not permit or allow another person to use, an uninsured motor vehicle on a road or road-related area. The offence is strict liability with a maximum penalty of 20 penalty units and specified exceptions (s 13D(1)-(3)).

Duties and procedural rights for injured persons

An injured person must give notice of changed circumstances either orally or in writing; if orally, the injured person must confirm that notice in writing within 10 business days (s 13(1)-(2)). This imposes a short administrative duty on claimants who notify orally.
An injured person who has a current recovery plan requiring ongoing treatment and who is undergoing insurer-approved ongoing treatment may have their whole person impairment (WPI) taken to be 10 per cent in certain circumstances, which affects entitlements calculated under the Act (s 13A).

Duties relating to indexation and calculation

Administrators, insurers and payors must follow the Regulation’s formulae for AWE indexation and adjustment factors, apply the rounding rules to three decimal places, and ensure that factors do not fall below 1 (ss 8-11). This creates recurring actuarial and administrative obligations to fetch ABS AWE figures and compute factors at fixed dates.

Duties on the MAI commission

Approve content for the insurance industry deed and notify that approval as a disallowable instrument (s 24). The insurance industry deed must be substantially in accordance with the approved content (s 24(3)).
Decide the allocation proportions for nominal defendant fund collections each quarter and issue written collection notices that state amounts and due dates, with discretion to amend or revoke notices before the due date (ss 21-22). In making allocations, the commission must have regard to defined metrics such as premiums received by insurers and notional premiums for Territory and Commonwealth vehicles (s 21(3)).

Rights and caps for parties

Where a mandatory final offer of at least $30,000 but not more than $50,000 is accepted, the insurer must pay costs worked out on a party and party basis and not exceeding $5,000 AWE indexed; this is a capped entitlement of the accepting party (s 13C).
The Regulation provides an entitlement for the MAI commission to order payments to the nominal defendant fund from convicted insurers through Magistrates Court orders, and specifies that such orders are final judgments for enforcement purposes (s 23(3)-(5)).

Rights to administrative oversight

The content of the insurance industry deed is a disallowable instrument, which means that the Legislative Assembly has a statutory route to disallowance and that the approved content must be tabled and notified in a prescribed manner under the Legislation Act 2001 (s 24(2) and note). This establishes a procedural check on administrative content approved by the MAI commission.

Recordkeeping and reporting duties implied by the Regulation

While not prescribing specific recordkeeping periods, the Regulation requires insurers to produce documents for licensing (s 25) and compels the MAI commission to consider whether an insurer reported conduct, investigated or remediated conduct, and complied with directions and remediation plans before imposing penalties (s 26). These factors functionally require an insurer to maintain demonstrable records of reporting, investigations and remedial actions.

Financial and calculation delegation

Several calculations are delegated to MAI guidelines (ss 17(2), 18(2)) and MAI commission decisions (s 15), creating duties on regulated entities to consult, follow and implement those administrative instruments when calculating pro rata premiums for short-term policies or additional premiums on vehicle changes.

In short, the Regulation assigns recurring calculational duties, reporting obligations, payment duties in relation to nominal defendant collections and premium approvals, procedural duties tied to claimant notices and treatment approval, and licensing-document obligations. It also establishes rights to certain capped cost recoveries and administrative safeguards such as disallowable instrument scrutiny of the deed content.

The Regulation establishes several offences and enforcement mechanisms, primarily targeted at ensuring compliance with insurance and contribution obligations. Penalties are expressed in penalty units; the Regulation’s front matter records the penalty unit values at republication date.

Strict liability offences

Use or permitting use of an uninsured vehicle: Section 13D creates a strict liability offence where a person who is the registered operator of a motor vehicle uses, or permits or allows another person to use, the vehicle on a road or road-related area when the vehicle is not an insured motor vehicle. The maximum penalty for this offence is 20 penalty units (s 13D(1), (3)). The section lists exceptions where the provision does not apply, for example when an unregistered vehicle permit is in force, when registration provisions do not apply under specified Road Transport Regulation provisions, or when the vehicle is owned by the Territory or Commonwealth (s 13D(2)).
Failure to pay nominal defendant fund contribution: Section 23 makes it an offence for a licensed insurer to fail to pay the amount stated in a collection notice to the nominal defendant fund on or before the due date, also a strict liability offence carrying a maximum penalty of 20 penalty units (s 23(1)-(2)).

Court enforcement and financial recovery

Magistrates Court powers: If a licensed insurer is convicted, or found guilty, of the offence in s 23, the Magistrates Court may order the insurer to pay any unpaid amount to the nominal defendant fund (s 23(3)). Such an order is in addition to any penalty the court imposes (s 23(4)). For enforcement and judgment interest purposes, an order is taken to be a final judgment of the Magistrates Court for the amount stated (s 23(5)). This provides a civil enforcement backstop and an expedient legal path for the nominal defendant fund to recover unpaid contributions.

Penalty unit values and application

The Regulation’s prefatory notes indicate that 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 (referenced in the front matter). This converts the 20 penalty units maximums into concrete dollar figures for corporations and individuals as at the cited date. Users should check the Legislation Act 2001, s 133, and current penalty unit values for updated figures when applying the Regulation.

Regulatory review and disallowable instruments

The MAI commission’s approval of the insurance industry deed content is a disallowable instrument (s 24(2)). Disallowable instruments must be notified and presented to the Legislative Assembly, which provides a parliamentary oversight mechanism. While not a criminal or civil penalty, disallowance is a form of statutory control over administrative content.

Administrative sanctions and financial penalties

Section 26 prescribes an extensive list of matters the MAI commission must consider before imposing a financial penalty on a licensed insurer, including adverse effects on payments to entitled persons, adverse effects on recovery from injury, whether the insurer reported the conduct, remediation actions taken, whether systems or procedures failed, and effects on competition and public confidence (s 26(1)(a)-(l)). The presence of these factors means the MAI commission may use financial penalties as regulatory leverage; however, the Regulation itself does not state the monetary quantum or structure of such penalties, which are set out in the Act (referenced in s 26 heading).

Strict liability implications and compliance burden

The inclusion of strict liability offences for both use of uninsured vehicles and non-payment to the nominal defendant fund reduces the mens rea required for conviction and places the onus on regulated parties to prevent and monitor compliance risks proactively. For licensed insurers, the possibility of court-ordered payment in addition to criminal penalties multiplies the financial consequences of non-compliance.

Procedural protections and timing

Section 22 requires the MAI commission to give written collection notices and to allow at least 42 days between notice and due date, and permits the commission to amend or revoke notices before the due date (s 22(1)-(4)). This timing requirement provides regulated parties with a minimum administrative window to arrange payment or challenge allocations before enforcement tools, such as Magistrates Court orders, become likely.

In short, enforcement under the Regulation combines strict liability criminal offences with Magistrates Court powers to convert unpaid contributions into enforceable judgments, supervisory financial penalties exercised by the MAI commission guided by prescribed factors, and parliamentary oversight of certain administrative approvals. The effect is a mix of deterrent criminal sanctions and administrative enforcement options driven by the commission.

The Regulation is tightly integrated with the Motor Accident Injuries Act 2019 and cross-references or depends on several other Commonwealth and Territory legal instruments. Key linkages are explicit in the text.

Primary enabling statute and dictionary cross-reference

The Regulation is made under the Motor Accident Injuries Act 2019, and several definitions for terms used in the Regulation are drawn directly from that Act (dictionary note: “Terms used in this regulation have the same meaning that they have in the Motor Accident Injuries Act 2019”, and the Regulation’s dictionary lists Act-defined terms such as AWE, insured motor vehicle, MAI commission, MAI policy, MAI insurer) (dictionary and s 3). This makes the Regulation operational detail for the Act.

Legislation Act 2001

The Regulation uses definitions and drafting conventions in the Legislation Act 2001. Notes reference the Legislation Act for matters such as the legal status of notes, signpost definitions, the effect of editorial changes, and the meaning of penalty units (see preliminary notes and s 3 and the dictionary notes). Disallowable instrument procedures for the insurance industry deed approval are also governed by the Legislation Act 2001 (s 24(2) note).

A New Tax System (Goods and Services) Act 1999 (GST)

The schedule of MAI premium classes includes a column for input tax credit entitlement, and the dictionary signposts the definition of “input tax credit” to the A New Tax System (Goods and Services) Act 1999, section 195‑1 (Dictionary). This ties premium-class treatment to GST rules and tax law.

Road transport legislation

The Regulation uses terms and limits drawn from Road Transport Acts and Regulations. It references the Road Transport (Vehicle Registration) Regulation 2000 for definitions like GVM and trader’s plate (dictionary, schedule 1) and the Road Transport (Public Passenger Services) Act 2001 for vehicle types such as demand responsive service vehicles and hire cars (schedule 1, part 1.1). Section 13D uses the concepts of “registered operator” and “road or road related area”, terms drawn from Road Transport legislation and the Road Transport (General) Act 1999, as noted in the dictionary.

Insurance Act 1973 (Cwlth), APRA and ASIC

MAI insurer licence application requirements explicitly require a copy of the applicant’s authority to carry on insurance business under the Insurance Act 1973 (s 25(b)(i)). Applicants not licensed as CTP insurers in another jurisdiction must provide APRA documents and reports and their latest annual financial accounts and annual statement lodged with ASIC (s 25(b)(iii)(A)-(C)). This connects MAI licensing to Commonwealth prudential and corporate reporting regimes and effectively imports APRA/ASIC supervisory material into the MAI administrative process.

Health Practitioner Regulation National Law Regulation 2018

For the definition of “dental specialist”, the Regulation references the Dental Board of Australia as continued under the Health Practitioner Regulation National Law Regulation 2018, section 4 (s 13B(2) note). This limits what counts as an allowable dental treatment for MAI purposes to services by appropriately registered specialists.

Motor Accident Injuries (ACAT Costs Orders) Regulation 2020

Section 7(2) and the notes reference that the indexation day for amounts in the ACAT Costs Orders Regulation is 1 October, and section 9(2) expressly includes a cross-reference to that regulation (s 7(2) note; s 9(2)(b)). This aligns indexation mechanics across related instruments that govern costs orders in ACAT proceedings.

Disallowable instruments and administrative law

The MAI commission’s approval of the insurance industry deed content is a disallowable instrument and therefore subject to tabling and potential disallowance under the Legislation Act 2001 (s 24(2) and note). MAI guidelines are referenced for calculation procedures for short policies and additional premiums (ss 17(2), 18(2)), and these guidelines will be administrative instruments that bind regulated parties; their content and interpretation may be influenced by administrative law principles and potential review.

Penalty unit regime and Criminal Code

Section 5 brings offences under the Criminal Code ch 2 (general principles, culpability, defences). The Regulation’s offences are specified as strict liability where indicated (s 13D(3), s 23(2)), but general criminal law rules, including those in the Criminal Code and the Legislation Act on penalty units, remain relevant for construction and enforcement.

Nominal defendant and government financial interaction

The Regulation requires the MAI commission to treat premiums that would have been payable for territory and Commonwealth vehicles when allocating nominal defendant fund contributions (s 21(3)(b)-(c)). This ties Territory and Commonwealth fleet treatment into contribution calculations and creates a link between Territory-level MAI administration and Commonwealth vehicle ownership.

In sum, the Regulation acts as a detailed procedural and numeric complement to the Motor Accident Injuries Act, while weaving in federal prudential, taxation and national health practitioner regulation frameworks, and relying on Road Transport statutory definitions. It also creates administrative instruments and processes that will interact with administrative law principles and parliamentary oversight.

The Regulation has been amended several times since its original making in 2019. The endnotes and amendment history sections summarise the chronology and the principal substantive changes. Below is a concise, sourced timeline with the key changes recorded in the Regulation’s endnotes.

Original and commencement

Motor Accident Injuries (Premiums and Administration) Regulation 2019 (SL2019-28) was notified LR 17 October 2019. Sections 1 and 2 commenced on 17 October 2019, and the remainder commenced 1 February 2020 (legislation history endnote 3).

SL2020-11 (2020 amendments)

Notified LR 2 April 2020; various provisions commenced 2-3 April 2020 as recorded. Amendments effected in SL2020-11 are noted in the amendment history (endnote 4) and include:
- Amendments to indexation day provisions (s 7) and the AWE indexation factor calculations (s 9), with transitional expiry dates noted for some provisions (s 7 amendments, s 9 amendments as annotated).
- Insertion of new parts and sections: Part 3A (Quality of life benefits), Part 3B (Medical treatment) and Part 3C (Motor accident claims) via SL2020-11 s 8. These added ss 13A (WPI taken to be 10% conditions), 13B (medical treatment definitions and exclusions), and 13C (mandatory final offer costs rules).
- Amendment to s 23 (offence,failure to pay contribution) renumbering and content adjustments under the SL2020-11 package.

SL2022-18 (2022 amendments)

Notified LR 8 December 2022, remainder commenced 9 December 2022. The Regulation was amended to:
- Amend the amount of interim weekly payment formula in s 12 (item in amendment history: s 12 am SL2022-18 s 4).
- Insert the definition of “modified historic vehicle” in schedule 1, s 1.1 and amend MAI premium classes in schedule 1 part 1.2 (endnote 4 notes these changes and renumbering where applicable). This adjusted the vehicle taxonomy and classifications used to determine premium classes.

SL2023-37 (2023 amendments)

Notified LR 14 December 2023; remainder commenced 15 December 2023. SL2023-37 inserted section 26, which prescribes the matters the MAI commission must consider before imposing financial penalties on licensed insurers (s 26 ins SL2023-37 s 4). This addition materially expanded the administrative criteria the commission must evaluate in penalty decisions.

SL2025-4 (2025 amendments)

Notified LR 15 May 2025; remainder commenced 16 May 2025. SL2025-4 introduced Part 3D dealing with MAI insurance and inserted s 13D (offence,registered operator use, or permit or allow use of, uninsured motor vehicle on road or road related area) (endnote 4). SL2025-4 also amended s 21 (Collections for nominal defendant fund,arrangements) and updated the Dictionary (endnote 4 lists dict am SL2025-4 ss 8-10). These changes added an explicit strict liability offence for use of uninsured vehicles and adjusted nominal defendant fund arrangements.

Editorial and transitional notes

The republished law includes editorial changes permitted under the Legislation Act 2001, part 11.3; these do not alter legal effect but ensure drafting consistency (prefatory notes).
Several provisions had transitional expiry clauses or temporary arrangements (for example, certain indexation days and calculation provisions had expiry references in endnote 4), and republication endnotes document the renumbering and expiry events across earlier republications.

Practical implications of amendment history

The Regulation’s amendments have progressively fleshed out technical indexing rules, added benefits and treatment definitions, refined premium-class taxonomy, introduced offender-focused provisions (use of uninsured vehicle), and prescribed administrative penalty-consideration factors. Each amending instrument either inserted new operational detail (ss 13A-13C, 13D) or changed calculation and classification rules (s 12, schedule 1). The MAI commission’s role has been reinforced through additions concerning approvals and considerations for penalties.

Sources

The chronology and textual changes are taken from the Regulation’s endnotes “Legislation history” and “Amendment history” (endnotes 3 and 4), which list the notified dates, commencement dates and short descriptions of changes associated with SL2020-11, SL2022-18, SL2023-37 and SL2025-4. The Regulation’s republication note also records editorial change provisions under the Legislation Act 2001.

The Regulation itself does not record any case law or litigation history. The instrument’s endnotes and text do not cite or name judicial decisions. The law provides enforcement and litigation pathways that will produce case law over time, and the text specifies procedural and enforcement mechanisms likely to generate litigation scenarios.

Key enforcement routes that could produce litigation and administrative review

Magistrates Court enforcement under s 23: The Regulation authorises the Magistrates Court to order payment to the nominal defendant fund where a licensed insurer is convicted or found guilty of failing to pay a collection notice (s 23(3)). The provision also deems such an order to be a final judgment for enforcement and interest purposes (s 23(5)). Disputes over the validity of collection notices, the amount owing, or due dates are practical grounds for litigation in the Magistrates Court.
Strict liability offences: Two strict liability offences are created in the Regulation (s 13D for registered operators using uninsured vehicles, s 23 for licensed insurer non-payment). The categorisation of these as strict liability will affect defences and may draw legal challenges about the proper construction of the statutory exceptions, procedural fairness and constitutional arguments in suitable cases. Challenges about whether an exception applies under s 13D(2) or whether a collection notice was properly issued under s 22 may arise.
Administrative review of MAI commission decisions: The Regulation delegates a number of operational functions to the MAI commission , approving MAI premiums (s 15), deciding nominal defendant fund proportions (s 21), approving insurance industry deed content (s 24), and imposing financial penalties with prescribed considerations (s 26). Decisions of administrative bodies are typically reviewable by judicial review or statutory review mechanisms. Although the Regulation does not itself set out review processes, the Act and general administrative law provide routes (for example, merits review where available and judicial review of jurisdictional error). The Regulation’s prescription of factors (s 26) may be relied upon in litigation to test whether the commission adequately considered required matters.
Disallowable instrument oversight: The MAI commission’s approval of the insurance industry deed content is a disallowable instrument (s 24(2)). While disallowance is a parliamentary mechanism rather than a court process, the tabling of such instruments and any subsequent parliamentary action could lead to legal or political scrutiny that has downstream litigation risks if instrument-making processes or procedural steps fail.

Absence of recorded cases

The Regulation’s published text and endnotes contain no entries listing litigation involving the instrument. Practitioners should consult ACT court and tribunal databases, ACAT materials, and the MAI commission records for any decisions that have since engaged the Regulation, and monitor Magistrates Court dockets for enforcement actions under s 23 and prosecutions under s 13D.

Practical note for litigators and advisers

Anticipate challenges to administrative decisions about premium allocations (s 21), the method of calculation under MAI guidelines (ss 17-18), the MAI commission’s approvals and disallowable instrument procedures (s 24), and the exercise of financial penalties against licensed insurers (s 26). Because the Regulation delegates detailed calculation to guidelines and commission determinations, litigation may focus on whether delegated instruments are consistent with the Act and Regulation, whether procedural fairness was observed, and whether required considerations were taken into account.

In sum, while no litigation history is recorded in the Regulation itself, it establishes a suite of administrative and criminal enforcement mechanisms that are plausibly expected to generate disputes and judicial or tribunal review, particularly around collection notices, premium calculations, and the exercise of regulatory penalties.

This Regulation contains numerous technical and procedural traps where non-obvious rules impose legal, financial or operational risk. Below are high-value "gotchas" derived directly from the text.

Indexation floor and rounding

AWE indexation and adjustment factors must be worked out to three decimal places, with the 4th decimal place rounding rule specified, and any factor less than 1 is treated as 1 (ss 8(4)-(5), 9(5)-(6), 11(3)-(4)). Practitioners and administrators must ensure calculation software and actuarial processes implement these rounding and floor rules precisely. Failure to do so may produce small but systemic underpayments or overpayment reporting errors.

Two sets of indexation/adjustment timing

Different amounts have different indexation days: some items are indexed on 1 April and 1 October (income replacement benefits and interim weekly payments, s 7(1)), while others are indexed only on 1 October (s 7(2)). Adjustment days for pre-injury income are 1 April and 1 October (s 10). Confusing these dates produces calculation mis-timings and potential compliance breaches.

AWE negative adjustment offset mechanics

The Regulation prescribes a method for offsetting prior negative adjustments to AWE before applying further increases (ss 8(3), 9(4)). The example in s 8 shows how previous negative adjustments may delay the application of increases. This mechanics nuance can materially affect the timing and quantum of indexed payments and must be implemented carefully.

Interim weekly payment is formulaic and not purely percentage-based

Section 12 fixes the interim weekly payment at 22.5% of $2,250 AWE indexed. That $2,250 base is explicit in the Regulation and not merely illustrative: changes to AWE alter the dollar figure via the indexation mechanics. Do not assume the interim payment formula is simply 22.5% of a claimant’s pre-injury earnings; it is a percentage of a legislated base amount that is AWE indexed.

Oral notice requirement with written follow-up

Injured persons may give notice of changed circumstances orally, but must confirm it in writing within 10 business days (s 13(2)). Practitioners should not rely on oral notice alone; failure to confirm in time may lead to the insurer treating the notice as not given and could affect benefits and dispute timing.

WPI deemed to be 10% only under two conditions

A whole person impairment can be taken to be 10% in “certain circumstances” but only where the injured person (a) has a current recovery plan under which ongoing treatment and care is required, and (b) is undergoing treatment and care approved by the relevant insurer (s 13A(a)-(b)). Both conditions are mandatory; missing either removes the deemed WPI benefit.

Medical treatment exclusions have narrow exceptions

The Regulation excludes dental treatment not provided by a dentist registered as a dental specialist, optometry other than post-operative treatment following surgery by a registered medical practitioner, and paramedicine from the definition of medical treatment for Act purposes (s 13B(1)). Services in these excluded categories might not be payable under MAI unless they meet the narrow exceptions. Verify practitioner registration status and the treatment context before relying on MAI funding.

Multiple class overlap: pays the higher maximum premium

If a vehicle or plate fits into multiple MAI premium classes, the maximum payable is the higher of the applicable class maximums (s 16). Owners using vehicles for mixed uses (for example ride-share and goods carriage or car sharing) may unintentionally trigger a higher premium class. Careful vehicle classification is required.

Dependence on MAI guidelines for important calculations

Several key calculations are delegated to MAI guidelines: MAI premiums for policies shorter than one year (s 17(2)), additional premiums when the vehicle’s construction or use changes (s 18(2)), and other calculation mechanics referenced throughout. This delegation means that the final premium or additional premium can depend on guideline content, which is an administrative instrument not set out in the Regulation. Parties must consult the MAI guidelines and be alert to changes therein.

Strict liability offences

The Regulation creates strict liability offences for both use of an uninsured vehicle (s 13D(3)) and failure to pay a nominal defendant fund collection notice (s 23(2)). Strict liability lowers the threshold for conviction and provides fewer defence options. Insurers and registered operators must therefore ensure prophylactic compliance measures to avoid criminal liability.

Minimum notice window for collection notices

The MAI commission must give at least 42 days between the date a collection notice is given and the due date (s 22(4)). Failure to respect this timeline may invalidate enforcement steps or provide a reprieve for the payer, but recipients should not assume automatic leniency; the commission may amend or revoke notices before the due date (s 22(3)).

Insurance industry deed as a disallowable instrument

The MAI commission’s approval of the insurance industry deed content is a disallowable instrument (s 24(2)). While this gives the Assembly oversight, it also means the content of the deed can change subject to parliamentary procedures. Insurers and advisers should monitor deed content for operational obligations that might bind the industry.

Financial penalty considerations are broad and reputational

Section 26 obliges the MAI commission to consider wide-ranging factors before imposing financial penalties on insurers, including adverse effects on payments to entitled persons, public confidence, competition, and whether the insurer reported and remediated conduct. The breadth of these factors implies that regulators can consider reputational harm and systems failures, not just the monetary impact, when deciding penalties.

Nominal defendant fund contributors include Territory and Commonwealth

The Territory and Commonwealth are prescribed contributors to the nominal defendant fund (s 20). The MAI commission must consider notional premiums for government vehicles when allocating contributions each quarter (s 21). This can alter contribution proportions and create political or intergovernmental coordination issues when the commission allocates shares.

Capped costs where mandatory final offer accepted

If a mandatory final offer between $30,000 and $50,000 is accepted, costs payable are capped at $5,000 AWE indexed and payable by the insurer, calculated party and party (s 13C). Parties must be aware that litigation cost recoveries in these offers are specifically constrained.

In sum, the Regulation contains numerous technical, rounding and delegation details that materially affect payors and payees. Small calculation errors, missed time limits (such as the 10 business day confirmation window or the 42-day notice minimum), misclassification of vehicles, or failure to follow MAI guidelines can have criminal, financial or administrative consequences.

Compliance with this Regulation requires operational controls around indexing, premium classification, licensing documentation, contribution payments, claims notifications and treatment approvals. The steps below are practical, source-grounded actions for the main affected actors.

Insurers and MAI insurer applicants

Obtain and maintain MAI commission approval for annual MAI premiums for each MAI premium class you underwrite (s 15). Liaise with the MAI commission early when drafting premium proposals, and ensure documentation and modelling align with MAI guidelines and the Act.
For MAI insurer licence applications, prepare the specified documents: trading name, registered office address, ABN, and reinsurance arrangements (s 25(a)). Attach copies of your Insurance Act 1973 authority (s 25(b)(i)). If already licensed as a CTP insurer in another jurisdiction, include that licence (s 25(b)(ii)); otherwise assemble APRA application documents, the latest annual financial accounts and ASIC annual statement, and APRA reports/returns for the prior 12 months (s 25(b)(iii)(A)-(C)).
Implement actuarial and accounting systems that fetch the ABS AWE series and compute the AWE indexation and adjustment factors according to the Regulation’s formulas and rounding rules (ss 6-11). Ensure factors are floored at 1, and build in the negative-adjustment-offset logic described in ss 8(3) and 9(4).
Ensure premium and policy-administration systems can apply MAI guidelines for pro rata premiums on policies shorter than one year and for additional premiums when vehicle construction or use changes (ss 17(2), 18(2)). Maintain traceable calculation records and version control for guideline iterations.
Maintain robust reporting and remediation processes. Section 26 makes insurer reporting and remedial action relevant to penalty decisions. Document reports to the MAI commission, investigations, remediation steps and system upgrades to mitigate penalty risk.

Vehicle owners and registered operators

Confirm that any vehicle used on a road or road-related area is an insured motor vehicle. Do not use, permit or allow use of an uninsured motor vehicle on roads unless one of the explicit exceptions applies (s 13D(1)-(2)). Keep evidence of valid MAI policy coverage and vehicle registration readily available to rebut potential prosecutions under the strict liability offence.
If you change the construction or use of a vehicle in a way that could increase the MAI premium, notify the insurer promptly and be prepared to pay an additional premium from the change date, calculated under MAI guidelines (s 18). Keep records of modifications, dates and correspondence with insurers.

Claims handlers and case managers

For injured persons’ notifications of changed circumstances, accept oral notices but insist on written confirmation within 10 business days (s 13(1)-(2)). Log oral notifications with timestamps and follow up automatically with written confirmation requests to protect the insurer’s and claimant’s positions.
Where claimants seek the WPI 10% treatment, require submission of a current recovery plan showing ongoing treatment needs and verify that ongoing treatment has been approved by the insurer (s 13A). Keep a structured checklist to establish both elements before applying the deemed 10% WPI.
Implement procedures to apply the interim weekly payment formula: 22.5% of $2,250 AWE indexed, rounded up to the nearest cent (s 12). Confirm that payroll and benefits systems apply updated indexation factors at the correct indexation days.

Administrators and MAI commission interactions

When the MAI commission issues collection notices for the nominal defendant fund, expect at least 42 days’ notice and prepare payment processes for adherence to due dates (s 22(4)). If a collection notice is received, check the calculation bases the commission used (s 21(3) requires the commission to have regard to insurer premium income and notional premiums for government vehicles) and raise any factual disputes promptly.
If the MAI commission requires contributions, and payment is not made, the Magistrates Court can be asked to order payment and the court can treat the order as a final judgment (s 23(3)-(5)). Avoid late payment risks; treat collection notices with high priority.

Health practitioners and providers

Confirm registration status when billing MAI for dental or optometry treatments. For dental treatments to be covered, the dentist must be registered as a dental specialist with the Dental Board of Australia; optometry coverage is limited to post-operative treatment following surgery by a registered medical practitioner (s 13B(1)). Providers should maintain registration evidence and pre-authorisation workflows for insurer approval.

Governance, audit and IT

Install audit trails for all indexation and adjustment calculations, premium-class determinations, and MAI guideline references. The Regulation requires precise numeric computation and cross-referencing across instruments; auditability will be crucial if the MAI commission reviews practices or if there is litigation.
Ensure corporate legal and compliance teams monitor changes to MAI guidelines and the MAI commission’s disallowable instruments (insurance industry deed content) because those instruments will affect ongoing operational obligations (s 24).
Build automated checks for vehicle classification against schedule 1 taxonomy. Misclassification can result in paying a higher premium or penalties if an uninsured vehicle is used.

Practical checklists

For insurers: (i) licence documents prepared per s 25, (ii) premium approvals in place per s 15, (iii) AWE indexation calculation engine implemented per ss 6-11, (iv) MAI guidelines applied for short-term policies and changes in vehicle use, (v) reporting and remediation protocols maintained for s 26 considerations.
For registered operators/owners: (i) verify MAI insurance coverage before road use, (ii) maintain documentation for any vehicle modifications or use changes and notify insurers, (iii) verify whether antique or historic vehicle classifications apply under schedule 1 to manage premium differences.
For claimants and their advisers: (i) if giving oral notice of changed circumstances, confirm the follow-up in writing within 10 business days, (ii) ensure recovery plans and insurer approvals are properly recorded to access the WPI 10% treatment where eligible, (iii) be aware of the capped costs regime for accepted mandatory final offers (s 13C).

In summary, compliance requires precise numerical implementation of indexation rules, disciplined administration of notices and confirmations, active monitoring of MAI guidelines and MAI commission instruments, tight integration with APRA/ASIC/Insurance Act documentation where licensing is sought, and governance to prevent strict liability exposures.

Motor Accident Injuries (Premiums and Administration) Regulation 2019

Plain English Summary

Deep Dive

What it does

Current sections

Motor Accident Injuries (Premiums and Administration) Regulation 2019

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply