QLDIn ForceAct
Motor Accident Insurance Act 1994
sec.39ADuty to give law practice certificate if waiver or presumption
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### sec.39A Duty to give law practice certificate if waiver or presumption
This section applies if—
a claimant gives notice of the claimant’s claim that does not comply with section 37 (1) (d) (i) ; and
the insurer for the claim—
waives compliance with the requirements under this division for giving notice of the claim; or
is presumed to be satisfied notice has been given as required under this division.
If the supervising principal of a law practice or a person mentioned in section 36C (2) acting for the supervising principal gave the claimant a law practice certificate for the claim under section 36A but the claimant has not given the certificate to the insurer, the supervising principal must give a copy of the certificate to the insurer as soon as practicable.
Subsection (4) applies if—
the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim or a person mentioned in section 36C (2) acting for the supervising principal did not give the claimant a law practice certificate for the claim under section 36A ; and
the claimant has not subsequently given the insurer a law practice certificate for the claim from the supervising principal or the person.
The supervising principal must, within a month after the claimant is notified of the waiver or the presumption takes effect—
complete a law practice certificate for the claim; and
give the certificate to the insurer and a copy of the certificate to the claimant.
Maximum penalty for subsection (4) —300 penalty units.
See also section 36C .
s 39A ins 2019 No. 36 s 11
(sec.39A-ssec.1) This section applies if— a claimant gives notice of the claimant’s claim that does not comply with section 37 (1) (d) (i) ; and the insurer for the claim— waives compliance with the requirements under this division for giving notice of the claim; or is presumed to be satisfied notice has been given as required under this division.
(sec.39A-ssec.2) If the supervising principal of a law practice or a person mentioned in section 36C (2) acting for the supervising principal gave the claimant a law practice certificate for the claim under section 36A but the claimant has not given the certificate to the insurer, the supervising principal must give a copy of the certificate to the insurer as soon as practicable.
(sec.39A-ssec.3) Subsection (4) applies if— the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim or a person mentioned in section 36C (2) acting for the supervising principal did not give the claimant a law practice certificate for the claim under section 36A ; and the claimant has not subsequently given the insurer a law practice certificate for the claim from the supervising principal or the person.
(sec.39A-ssec.4) The supervising principal must, within a month after the claimant is notified of the waiver or the presumption takes effect— complete a law practice certificate for the claim; and give the certificate to the insurer and a copy of the certificate to the claimant. Maximum penalty for subsection (4) —300 penalty units. See also section 36C .
- (a) a claimant gives notice of the claimant’s claim that does not comply with section 37 (1) (d) (i) ; and
- (b) the insurer for the claim— (i) waives compliance with the requirements under this division for giving notice of the claim; or (ii) is presumed to be satisfied notice has been given as required under this division.
- (i) waives compliance with the requirements under this division for giving notice of the claim; or
- (ii) is presumed to be satisfied notice has been given as required under this division.
- (i) waives compliance with the requirements under this division for giving notice of the claim; or
- (ii) is presumed to be satisfied notice has been given as required under this division.
- (a) the supervising principal of a law practice retained by the claimant in relation to the claimant’s claim or a person mentioned in section 36C (2) acting for the supervising principal did not give the claimant a law practice certificate for the claim under section 36A ; and
- (b) the claimant has not subsequently given the insurer a law practice certificate for the claim from the supervising principal or the person.
- (a) complete a law practice certificate for the claim; and
- (b) give the certificate to the insurer and a copy of the certificate to the claimant.