Motor Accident Injuries Act 2019

A licensed insurer may make a written objection to the MAI commission about a direction given to the insurer under section 394G.

However, an objection may only be made on 1 or more of the following grounds:

the stated contravention did not happen or the stated likely contravention is unlikely to happen;

doing or not doing the stated thing would place an unreasonable cost burden on the insurer;

the stated time for compliance is either not reasonable or not proportionate to the thing that must be done or not done.

An objection does not operate to stay the direction or otherwise prevent action being taken based on the direction.

As soon as practicable after receiving an objection, the MAI commission must review the direction and decide to—

affirm the direction; or

amend the direction; or

set aside the direction and make a different direction; or

withdraw the direction.

After making a decision under subsection (4), the MAI commission must give the licensed insurer a written notice that states—

the commission’s decision; and

the reasons for the decision; and

if the decision is to amend the direction or set aside the direction and substitute it for a different direction—the day the amended or different direction takes effect.