sec.4Definitions

### sec.4 Definitions In this Act— act of terrorism see section 4B . s 4 def act of terrorism ins 2001 No. 85 s 2A administration fee means the fee payable to transport administration for work done in the administration of the statutory insurance scheme. affected person , in relation to a decision, for part 5A , see section 81 . s 4 def affected person ins 2019 No. 36 s 4 (2) affordability index means 45% of Queensland full-time adult persons ordinary time earnings declared by the Australian Statistician in the original series of the statistician’s average weekly earnings publication most recently published. s 4 def affordability index ins 2000 No. 17 s 5 (2) sub 2013 No. 52 s 119 agricultural machine means an agricultural machine for which registration is required under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 . s 4 def agricultural machine ins 2013 No. 39 s 7 amd 2022 No. 19 s 54 sch 1 assessment period see section 13 (2) . s 4 def assessment period ins 1999 No. 12 s 3 sub 2000 No. 17 s 5 (amd 2000 No. 52 s 48 sch ) associate , of a law practice, see the Legal Profession Act 2007 , section 7 (1) . s 4 def associate ins 2019 No. 36 s 4 (2) associated person , for an investigated person, for part 5B , see section 87ZA . s 4 def associated person ins 2019 No. 36 s 4 (2) authorised person , for part 5A , see section 81 . s 4 def authorised person ins 2019 No. 36 s 4 (2) average weekly earnings , for a financial year, means the amount of Queensland full-time adult persons ordinary time earnings declared by the Australian Statistician in the original series of the statistician’s average weekly earnings publication most recently published before the start of the financial year. s 4 def average weekly earnings ins 2000 No. 17 s 5 (2) sub 2013 No. 52 s 119 barrister see the Legal Profession Act 2007 , schedule 2 . s 4 def barrister ins 2019 No. 36 s 4 (2) claim means a claim for damages based on a liability for personal injury arising out of a motor vehicle accident and, for a fatal injury, includes a claim on behalf of the deceased’s dependants or estate. s 4 def claim sub 2019 No. 36 s 32 sch 1 claimant means a person by whom, or on whose behalf, a claim is made. An attorney acts under an enduring power of attorney under the Powers of Attorney Act 1998 for a person injured in a motor vehicle accident. In this case, both the attorney (in the attorney's representative capacity) and the person for whom the attorney acts are regarded as claimants. A guardian or an administrator acts under the Guardianship and Administration Act 2000 for a person injured in a motor vehicle accident. In this case, the guardian or administrator (in his or her representative capacity) and the injured person are regarded as claimants. s 4 def claimant sub 2000 No. 17 s 5 class — of CTP insurance (or CTP insurance policies)—means CTP insurance (or CTP insurance policies) for a particular class of motor vehicles; or of motor vehicles—means a class of motor vehicles created by classification under a regulation. s 4 def class ins 2000 No. 17 s 5 (2) commission means the Motor Accident Insurance Commission. commissioner means the insurance commissioner. compulsory conference see section 51A (1) . s 4 def compulsory conference ins 2000 No. 17 s 5 (2) costs — when used in reference to legal costs, includes disbursements; and when used in reference to the costs of an insurer on a claim, includes— the amount paid out by the insurer on the claim to the claimant or for the claimant’s benefit, including— the cost to the insurer of providing rehabilitation services in connection with the claim; and the cost to the insurer of paying private hospital, medical and pharmaceutical expenses in connection with the claim; and the cost to the insurer of investigating the claim and of litigation related to the claim (but not the insurer’s general administration costs). s 4 def costs sub 2000 No. 17 s 5 costs statement see section 51B (6) (e) . s 4 def costs statement ins 2000 No. 17 s 5 (2) court , in relation to a claim, means— if a proceeding based on the claim has been brought—the court hearing the proceeding; or if no proceeding based on the claim has been brought—a court with jurisdiction to hear the claim. criminal history , of a person, means the record of offences of which the person has been convicted in Queensland or elsewhere before or after the commencement of this Act. s 4 def criminal history ins 2000 No. 17 s 5 (2) CTP is an abbreviation of ‘compulsory third-party’. CTP insurance see section 3 (a) . s 4 def CTP insurance ins 2010 No. 32 s 5 (1) CTP insurance policy means— a policy of insurance under this Act for a motor vehicle insuring against liability for personal injury caused by, through or in connection with the motor vehicle; or a policy of insurance, or a statutory indemnification, for a motor vehicle registered under the law of another State or a Territory, providing insurance, or indemnifying against liability, for personal injury caused by, through or in connection with the vehicle anywhere in Australia. declared costs limit means the amount fixed by the Minister under section 100A as the declared costs limit. s 4 def declared costs limit ins 2010 No. 9 s 32 sub 2023 No. 23 s 131 (1) – (2) decision notice , for part 5A , see section 87SD (1) . s 4 def decision notice ins 2019 No. 36 s 4 (2) electronic document ... s 4 def electronic document ins 2019 No. 36 s 4 (2) om 2023 No. 23 s 247 sch 1 s 1 eligible person means a person who, under the National Injury Act , section 12 , is eligible to participate in the injury insurance scheme. s 4 def eligible person ins 2016 No. 34 s 152 expression of regret ... s 4 def expression of regret ins 2002 No. 66 s 13 om 2003 No. 16 s 111 sch 1 former Act means the Motor Vehicles Insurance Act 1936 . GST means the tax payable under the GST law. s 4 def GST ins 2000 No. 17 s 5 (2) GST law means— A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) ; and the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services. s 4 def GST law ins 2000 No. 17 s 5 (2) GVM means gross vehicle mass. s 4 def GVM ins 2000 No. 17 s 5 (2) identity card , for part 5A , see section 81 . s 4 def identity card ins 2019 No. 36 s 4 (2) industry deed means an agreement, in the form approved by regulation, between the commission, transport administration, the Nominal Defendant and licensed insurers regulating the conduct of CTP insurance business and matters incidental to— the conduct of the business; or the statutory insurance scheme. For a statement of the subjects that may be covered by the industry deed, see section 65 . s 4 def industry deed amd 2023 No. 23 s 131 (3) information notice , for an original decision, for part 5A , see section 81 . s 4 def information notice ins 2019 No. 36 s 4 (2) injured person means a person who suffers personal injury because of a motor vehicle accident. injury insurance scheme means the national injury insurance scheme, Queensland established under the National Injury Act , chapter 2 . s 4 def injury insurance scheme ins 2016 No. 34 s 152 injury insurance scheme levy means the levy under the National Injury Act . s 4 def injury insurance scheme levy ins 2016 No. 34 s 171 insurance agency means the National Injury Insurance Agency, Queensland established under the National Injury Act . s 4 def insurance agency ins 2016 No. 34 s 152 insurance premium means the gross premium for a CTP insurance policy (including levies and administration fee). s 4 def insurance premium ins 2000 No. 17 s 5 (2) insured motor vehicle means a motor vehicle for which a CTP insurance policy is in force. insured person means— a person who is insured under a CTP insurance policy or, if the person is dead, the person’s personal representative; or a person whose wrongful act or omission causes personal injury for which an action lies against the Nominal Defendant under this Act or, if the person is dead, the person’s personal representative. insurer’s premium means an insurer’s consideration for providing insurance under a CTP insurance policy. s 4 def insurer’s premium ins 2000 No. 17 s 5 (2) internal review , of an original decision, for part 5A , see section 87SA (1) . s 4 def internal review ins 2019 No. 36 s 4 (2) internal review decision , for part 5A , see section 81 . s 4 def internal review decision ins 2019 No. 36 s 4 (2) investigated person , for part 5B , see section 87ZA . s 4 def investigated person ins 2019 No. 36 s 4 (2) investigator , for part 5B , see section 87ZA . s 4 def investigator ins 2019 No. 36 s 4 (2) law practice see the Legal Profession Act 2007 , schedule 2 . s 4 def law practice ins 2019 No. 36 s 4 (2) law practice certificate see section 36B (1) . s 4 def law practice certificate ins 2019 No. 36 s 4 (2) licence means a licence under part 5 . s 4 def licence amd 2001 No. 85 s 8 licensed insurer means an insurer that holds a licence, other than an insurer whose licence is under suspension. lower offer limit means the amount fixed by the Minister under section 100A as the lower offer limit. s 4 def lower offer limit ins 2010 No. 9 s 32 sub 2023 No. 23 s 131 (1) – (2) mandatory final offer see section 51C (2) . s 4 def mandatory final offer ins 2000 No. 17 s 5 (2) mobile machinery has the meaning given by the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 . s 4 def mobile machinery ins 2000 No. 17 s 5 (2) amd 2010 No. 32 s 5 (2); 2022 No. 19 s 54 sch 1 mobile machinery or equipment ... s 4 def mobile machinery or equipment om 2000 No. 17 s 5 (1) motor vehicle means a vehicle for which registration is required under the Transport Operations (Road Use Management) Act 1995 and includes a trailer. s 4 def motor vehicle sub 2000 No. 17 s 5 amd 2010 No. 32 s 5 (2); 2022 No. 19 s 54 sch 1 motor vehicle accident means an incident from which a liability for personal injury arises that is covered by insurance under the statutory insurance scheme. s 4 def motor vehicle accident sub 2000 No. 17 s 5 motor vehicle accident claim ... s 4 def motor vehicle accident claim om 2019 No. 36 s 32 sch National Injury Act means the National Injury Insurance Scheme (Queensland) Act 2016 . s 4 def National Injury Act ins 2016 No. 34 s 152 non-medicinal drug means a drug other than one genuinely and lawfully consumed for medical or therapeutic purposes. s 4 def non-medicinal drug ins 2000 No. 17 s 5 (2) notice , for part 5A , see section 81 . s 4 def notice ins 2019 No. 36 s 4 (2) occupier , of a place, for part 5A , see section 81 . s 4 def occupier ins 2019 No. 36 s 4 (2) of , a place, for part 5A , see section 81 . s 4 def of ins 2019 No. 36 s 4 (2) offence warning , for a requirement by an authorised person, for part 5A , see section 81 . s 4 def offence warning ins 2019 No. 36 s 4 (2) officer has the same meaning as in the Corporations Act . s 4 def officer amd 2001 No. 45 s 29 sch 3 official panel of medical experts see section 45A (1) (a) . s 4 def official panel of medical experts ins 2000 No. 17 s 5 (2) original decision , for part 5A , see section 81 . s 4 def original decision ins 2019 No. 36 s 4 (2) owner , of a thing that has been seized under part 5A , see section 81 . s 4 def owner ins 2019 No. 36 s 4 (2) participant , in the injury insurance scheme, see the National Injury Act , section 14 (1) . s 4 def participant ins 2016 No. 34 s 152 personal injury includes— fatal injury; and prenatal injury; and damage to spectacles, contact lenses, dentures, hearing aids, crutches, wheelchairs, artificial limbs and prosthetic devices. person in control , of a thing, for part 5A , see section 81 . s 4 def person in control ins 2019 No. 36 s 4 (2) place , for part 5A , see section 81 . s 4 def place ins 2019 No. 36 s 4 (2) premises , for part 5A , see section 81 . s 4 def premises ins 2019 No. 36 s 4 (2) principal , of a law practice, see the Legal Profession Act 2007 , section 7 (4) . s 4 def principal ins 2019 No. 36 s 4 (2) public place — generally, has the meaning given by the Transport Operations (Road Use Management) Act 1995 ; and for part 5A , see section 81 . s 4 def public place ins 1996 No. 53 s 4 (2) sub 2000 No. 17 s 5 ; 2019 No. 36 s 4 reasonably believes means believes on grounds that are reasonable in the circumstances. s 4 def reasonably believes ins 2019 No. 36 s 4 (2) reasonably suspects means suspects on grounds that are reasonable in the circumstances. s 4 def reasonably suspects ins 2019 No. 36 s 4 (2) re-assessed period ... s 4 def re-assessed period ins 1999 No. 12 s 3 om 2000 No. 17 s 5 (1) (amd 2000 No. 52 s 48 sch ) registered operator , of a motor vehicle, means a person recorded in the details of the registration of the vehicle as the registered operator or as the owner of the motor vehicle. s 4 def registered operator ins 2000 No. 17 s 5 (2) registration , of a motor vehicle, includes a permit, plate or other authorisation under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 permitting a motor vehicle to be used on a road without registration but does not include an authorisation under section 14 of that regulation. s 4 def registration sub 2000 No. 17 s 5 amd 2010 No. 32 s 5 (2)–(3); 2022 No. 19 s 54 sch 1 rehabilitation means the use of medical, psychological, physical, social, educational and vocational measures (individually or in combination)— to restore, as far as reasonably possible, physical or mental functions lost or impaired through personal injury; and to optimise, as far as reasonably possible, the quality of life of a person who suffers the loss or impairment of physical or mental functions through personal injury. related body corporate , for an insurer, has the meaning given by the Corporations Act . s 4 def related body corporate amd 2001 No. 45 s 29 sch 3 road has the meaning given by the Transport Operations (Road Use Management) Act 1995 . s 4 def road sub 2000 No. 17 s 5 self-insurer means— the Commonwealth; or a State (other than Queensland) or a Territory that does not have its motor vehicles insured under CTP insurance policies. serious personal injury see the National Injury Act , schedule 1 . s 4 def serious personal injury ins 2016 No. 34 s 152 share of the market for CTP insurance business means a percentage, calculated by the commission under principles prescribed by regulation, representing the proportion that an insurer’s share of total CTP insurance premiums bears to the total premiums for CTP insurance policies of classes specified by regulation. statutory insurance scheme means the insurance scheme established by this Act. trailer means a vehicle without motive power designed to be hauled by a motor vehicle. supervising principal , of a law practice in relation to a claim, means the principal of the law practice who has the primary responsibility for the conduct of the claim. s 4 def supervising principal ins 2019 No. 36 s 4 (2) transport administration means— the chief executive of the department within which the Transport Planning and Coordination Act 1994 is administered; or a person who is, by delegation or direction of the chief executive, responsible for carrying out functions relevant to the administration of the statutory insurance scheme. treatment, care and support needs , of a person, see the National Injury Act , section 8 . s 4 def treatment, care and support needs ins 2016 No. 34 s 152 uninsured motor vehicle means a motor vehicle for which there is no CTP insurance policy in force, other than a motor vehicle owned by a self-insurer or a trailer. upper offer limit means the amount fixed by the Minister under section 100A as the upper offer limit. s 4 def upper offer limit ins 2010 No. 9 s 32 sub 2023 No. 23 s 131 (1) – (2) vehicle , for part 5A , see section 81 . s 4 def vehicle ins 2019 No. 36 s 4 (2) wrongful act or omission includes a negligent act or omission. s 4 amd 1996 No. 53 s 4 (1) - 1 An attorney acts under an enduring power of attorney under the Powers of Attorney Act 1998 for a person injured in a motor vehicle accident. In this case, both the attorney (in the attorney's representative capacity) and the person for whom the attorney acts are regarded as claimants. - 2 A guardian or an administrator acts under the Guardianship and Administration Act 2000 for a person injured in a motor vehicle accident. In this case, the guardian or administrator (in his or her representative capacity) and the injured person are regarded as claimants. - (a) of CTP insurance (or CTP insurance policies)—means CTP insurance (or CTP insurance policies) for a particular class of motor vehicles; or - (b) of motor vehicles—means a class of motor vehicles created by classification under a regulation. - (a) when used in reference to legal costs, includes disbursements; and - (b) when used in reference to the costs of an insurer on a claim, includes— (i) the amount paid out by the insurer on the claim to the claimant or for the claimant’s benefit, including— (A) the cost to the insurer of providing rehabilitation services in connection with the claim; and (B) the cost to the insurer of paying private hospital, medical and pharmaceutical expenses in connection with the claim; and (ii) the cost to the insurer of investigating the claim and of litigation related to the claim (but not the insurer’s general administration costs). - (i) the amount paid out by the insurer on the claim to the claimant or for the claimant’s benefit, including— (A) the cost to the insurer of providing rehabilitation services in connection with the claim; and (B) the cost to the insurer of paying private hospital, medical and pharmaceutical expenses in connection with the claim; and - (A) the cost to the insurer of providing rehabilitation services in connection with the claim; and - (B) the cost to the insurer of paying private hospital, medical and pharmaceutical expenses in connection with the claim; and - (ii) the cost to the insurer of investigating the claim and of litigation related to the claim (but not the insurer’s general administration costs). - (i) the amount paid out by the insurer on the claim to the claimant or for the claimant’s benefit, including— (A) the cost to the insurer of providing rehabilitation services in connection with the claim; and (B) the cost to the insurer of paying private hospital, medical and pharmaceutical expenses in connection with the claim; and - (A) the cost to the insurer of providing rehabilitation services in connection with the claim; and - (B) the cost to the insurer of paying private hospital, medical and pharmaceutical expenses in connection with the claim; and - (ii) the cost to the insurer of investigating the claim and of litigation related to the claim (but not the insurer’s general administration costs). - (A) the cost to the insurer of providing rehabilitation services in connection with the claim; and - (B) the cost to the insurer of paying private hospital, medical and pharmaceutical expenses in connection with the claim; and - (a) if a proceeding based on the claim has been brought—the court hearing the proceeding; or - (b) if no proceeding based on the claim has been brought—a court with jurisdiction to hear the claim. - (a) a policy of insurance under this Act for a motor vehicle insuring against liability for personal injury caused by, through or in connection with the motor vehicle; or - (b) a policy of insurance, or a statutory indemnification, for a motor vehicle registered under the law of another State or a Territory, providing insurance, or indemnifying against liability, for personal injury caused by, through or in connection with the vehicle anywhere in Australia. - (a) A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) ; and - (b) the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services. - (a) the conduct of the business; or - (b) the statutory insurance scheme. - (a) a person who is insured under a CTP insurance policy or, if the person is dead, the person’s personal representative; or - (b) a person whose wrongful act or omission causes personal injury for which an action lies against the Nominal Defendant under this Act or, if the person is dead, the person’s personal representative. - (a) fatal injury; and - (b) prenatal injury; and - (c) damage to spectacles, contact lenses, dentures, hearing aids, crutches, wheelchairs, artificial limbs and prosthetic devices. - (a) generally, has the meaning given by the Transport Operations (Road Use Management) Act 1995 ; and - (b) for part 5A , see section 81 . - (a) to restore, as far as reasonably possible, physical or mental functions lost or impaired through personal injury; and - (b) to optimise, as far as reasonably possible, the quality of life of a person who suffers the loss or impairment of physical or mental functions through personal injury. - (a) the Commonwealth; or - (b) a State (other than Queensland) or a Territory that does not have its motor vehicles insured under CTP insurance policies. - (a) the chief executive of the department within which the Transport Planning and Coordination Act 1994 is administered; or - (b) a person who is, by delegation or direction of the chief executive, responsible for carrying out functions relevant to the administration of the statutory insurance scheme.