QLDIn ForceAct
Motor Accident Insurance Act 1994
sec.74AMeaning of consideration for s 74
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### sec.74A Meaning of consideration for s 74
Consideration , for a claim referral or potential claim referral, means a fee or other benefit given for the claim referral or potential claim referral but does not include a gift, other than money, or hospitality if the gift or hospitality has a value of $200 or less.
To remove any doubt, it is declared that consideration does not include—
a payment or other benefit, not for a claim referral or potential claim referral, to—
a community legal service; or
an industrial organisation; or
a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) ; or
a school association; or
a sporting association; or
legal services provided pro bono by an associate of a law practice to a community legal service
an amount given by a claimant for a service provided to the claimant as part of making a claim including, for example, an amount for legal costs.
In this section—
community legal service see the Legal Profession Act 2007 , schedule 2 .
industrial organisation means a federal organisation, or an organisation, as defined under the Industrial Relations Act 2016 , schedule 5 .
school association means—
an association within the meaning of the Education (General Provisions) Act 2006 ; or
a parents and friends association formed for a non-State school within the meaning of the Education (Accreditation of Non-State Schools) Act 2017 .
sporting association means an association formed and operated on a not-for-profit basis for the purpose of conducting a sporting activity.
s 74A ins 2019 No. 36 s 15
(sec.74A-ssec.1) Consideration , for a claim referral or potential claim referral, means a fee or other benefit given for the claim referral or potential claim referral but does not include a gift, other than money, or hospitality if the gift or hospitality has a value of $200 or less.
(sec.74A-ssec.2) To remove any doubt, it is declared that consideration does not include— a payment or other benefit, not for a claim referral or potential claim referral, to— a community legal service; or an industrial organisation; or a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) ; or a school association; or a sporting association; or legal services provided pro bono by an associate of a law practice to a community legal service an amount given by a claimant for a service provided to the claimant as part of making a claim including, for example, an amount for legal costs.
(sec.74A-ssec.3) In this section— community legal service see the Legal Profession Act 2007 , schedule 2 . industrial organisation means a federal organisation, or an organisation, as defined under the Industrial Relations Act 2016 , schedule 5 . school association means— an association within the meaning of the Education (General Provisions) Act 2006 ; or a parents and friends association formed for a non-State school within the meaning of the Education (Accreditation of Non-State Schools) Act 2017 . sporting association means an association formed and operated on a not-for-profit basis for the purpose of conducting a sporting activity.
- (a) a payment or other benefit, not for a claim referral or potential claim referral, to— (i) a community legal service; or (ii) an industrial organisation; or (iii) a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) ; or (iv) a school association; or (v) a sporting association; or Example— legal services provided pro bono by an associate of a law practice to a community legal service
- (i) a community legal service; or
- (ii) an industrial organisation; or
- (iii) a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) ; or
- (iv) a school association; or
- (v) a sporting association; or
- (b) an amount given by a claimant for a service provided to the claimant as part of making a claim including, for example, an amount for legal costs.
- (i) a community legal service; or
- (ii) an industrial organisation; or
- (iii) a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) ; or
- (iv) a school association; or
- (v) a sporting association; or
- (a) an association within the meaning of the Education (General Provisions) Act 2006 ; or
- (b) a parents and friends association formed for a non-State school within the meaning of the Education (Accreditation of Non-State Schools) Act 2017 .