National Injury Insurance Scheme (Queensland) Act 2016
sec.4Application of Act
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sec.4 Application of Act
This Act applies in relation to a serious personal injury caused by, through or in connection with a prescribed vehicle, if— the injury is a result of— the driving of the prescribed vehicle; or a collision, or action taken to avoid a collision, with the prescribed vehicle; or the prescribed vehicle running out of control; or a defect in the prescribed vehicle causing loss of control of the vehicle while the vehicle is being driven; and the incident (the motor accident ) resulting in the injury happens in Queensland on or after 1 July 2016. However, this Act does not apply in relation to a serious personal injury caused by, through or in connection with an uninsured motor vehicle, other than a prescribed vehicle stated in subsection (3) (a) , unless the motor accident resulting in the injury happens on a road or public place. Also, this Act does not apply in relation to a serious personal injury caused by, through or in connection with— any of the following prescribed vehicles unless the motor accident resulting in the injury happens on a road— a tractor, backhoe, bulldozer, end-loader, forklift, industrial crane or hoist, or other mobile machinery; an agricultural machine; a motor vehicle adapted to run on rail or tram tracks; an amphibious vehicle; a motor vehicle prescribed by regulation; or a prescribed vehicle that, at the particular time of the motor accident resulting in the injury, is being used for the actual doing of an act or making of a threat that is an act of terrorism. In this section— act of terrorism see the Insurance Act , section 4B . agricultural machine means a machine with its own automotive power that is— built to perform agricultural tasks; and being used for agricultural purposes. tractors and harvesters being used for agricultural purposes mobile machinery see the Insurance Act , section 4 . public place see the Transport Operations (Road Use Management) Act 1995 , schedule 4 . road see the Transport Operations (Road Use Management) Act 1995 , schedule 4 . uninsured motor vehicle means a prescribed vehicle— for which a CTP insurance policy is not in force; and of which a self-insurer is not the registered owner; and that is not a trailer. (sec.4-ssec.1) This Act applies in relation to a serious personal injury caused by, through or in connection with a prescribed vehicle, if— the injury is a result of— the driving of the prescribed vehicle; or a collision, or action taken to avoid a collision, with the prescribed vehicle; or the prescribed vehicle running out of control; or a defect in the prescribed vehicle causing loss of control of the vehicle while the vehicle is being driven; and the incident (the motor accident ) resulting in the injury happens in Queensland on or after 1 July 2016. (sec.4-ssec.2) However, this Act does not apply in relation to a serious personal injury caused by, through or in connection with an uninsured motor vehicle, other than a prescribed vehicle stated in subsection (3) (a) , unless the motor accident resulting in the injury happens on a road or public place. (sec.4-ssec.3) Also, this Act does not apply in relation to a serious personal injury caused by, through or in connection with— any of the following prescribed vehicles unless the motor accident resulting in the injury happens on a road— a tractor, backhoe, bulldozer, end-loader, forklift, industrial crane or hoist, or other mobile machinery; an agricultural machine; a motor vehicle adapted to run on rail or tram tracks; an amphibious vehicle; a motor vehicle prescribed by regulation; or a prescribed vehicle that, at the particular time of the motor accident resulting in the injury, is being used for the actual doing of an act or making of a threat that is an act of terrorism. (sec.4-ssec.4) In this section— act of terrorism see the Insurance Act , section 4B . agricultural machine means a machine with its own automotive power that is— built to perform agricultural tasks; and being used for agricultural purposes. tractors and harvesters being used for agricultural purposes mobile machinery see the Insurance Act , section 4 . public place see the Transport Operations (Road Use Management) Act 1995 , schedule 4 . road see the Transport Operations (Road Use Management) Act 1995 , schedule 4 . uninsured motor vehicle means a prescribed vehicle— for which a CTP insurance policy is not in force; and of which a self-insurer is not the registered owner; and that is not a trailer.