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).
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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
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contents 2 Motor Accident Injuries (Premiums and Administration)
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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
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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
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4 Amendment history 40
5 Earlier republications 42
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Australian Capital Territory
Motor Accident Injuries (Premiums and
Administration) Regulation 2019
made under the
Motor Accident Injuries Act 2019
Part 1 Preliminary
Section 1
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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
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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
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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
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(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
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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
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(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
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(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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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(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
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(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
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(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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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• 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
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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
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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
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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
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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
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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