Motor Accident Insurance Regulation 2018

This regulation may be cited as the Motor Accident Insurance Regulation 2018.

This regulation commences on 1 September 2018.

The dictionary in schedule 5 defines particular words used in this regulation.

For fixing insurance premiums for CTP insurance, motor vehicles are classified as stated in schedule 1.

If a motor vehicle falls into 2 or more of the classes stated in schedule 1, the vehicle’s class is taken to be the class that attracts the highest insurance premium.

However—

if the motor vehicle is used only for primary production, the insurance premium is calculated on the basis appropriate to a vehicle used only for primary production even if the vehicle also belongs to another class that attracts a higher insurance premium; and

if a bus falls into class 9 and also class 10A or 11, the bus is taken to fall into class 9, and not class 10A or 11, if—

the bus is not likely to be used for a purpose that would result in its classification under class 10A or 11 for a period, or a number of separate periods, of more than ¹⁴/₃₆₅ of the total registration period for the bus; and

before the bus is used for a purpose mentioned in subparagraph (i), the registered operator of the bus advises the insurer of the day or days on which the bus is to be used for that purpose and pays to the insurer a surcharge equal to the higher of the following—

$4 for each day the bus is to be used for that purpose;

$10; and

if a bus (a replacement bus) falls into a class other than class 10B, the replacement bus may be used to replace a bus that falls into class 10B (a class 10B bus), without affecting the classification of the replacement bus under schedule 1, if—

the replacement bus is used to replace a class 10B bus for a period, or a number of separate periods, of not more than ¹⁴/₃₆₅ of the total registration period of the replacement bus; and

before the replacement bus is used to replace a class 10B bus, the registered operator of the replacement bus advises the insurer of the day or days on which the replacement bus is to be used to replace a class 10B bus; and

while the replacement bus is used to replace a class 10B bus, the class 10B bus is not used to transport passengers.

For section 13(2) of the Act, each quarter is an assessment period.

For section 13A(7) of the Act, the time limit for an insurer to submit to the commission the premiums set by the insurer for an assessment period is the period—

starting on the day on which the insurer receives notice of the limits of insurer’s premium fixed by the commission for each class of CTP insurance; and

Note—

See section 13A(6)(b) of the Act.

ending on the day that is 10 weeks before the start of the assessment period.

For section 13A(9) of the Act, the time limit in relation to an assessment period is the day that is 9 weeks before the start of the assessment period.

If a motor vehicle is to be used for racing, pacemaking, or in reliability, speed or other trials, the insurer may impose a surcharge of $10 for each day of the registration period on which the motor vehicle is to be used for the purpose.

A surcharge under subsection (4)—

must be paid directly to the insurer; and

is taken not to be part of the insurance premium under the provisions of the Act and this regulation dealing with the collection, disbursement and refund of insurance premiums.

The limits of insurer’s premium fixed by the commission for a class 10A, 10B or 11 motor vehicle may include an amount worked out using the formula—

where—

N means the number of passenger seats in the vehicle.

SA means an amount, for each passenger seat in the vehicle, decided by the commission.

The limits of insurer’s premium fixed by the commission for a class 22 motor vehicle may include an amount for each day more than 1 day the vehicle may be driven on roads while unregistered.

For section 13(3B)(b) of the Act, the additional amount for a CTP insurance policy for a class of motor vehicles is an amount equal to the percentage, stated for the class in schedule 2, column 2, of the insurer’s premium set under section 13(1) of the Act for the motor vehicle’s class of insurance.

s 7 sub 2019 SL No. 34 s 4

om 2019 SL No. 201 s 4

The following levies for the financial year starting on 1 July 2026 are fixed under schedule 3—

the statutory insurance scheme levy;

the hospital and emergency services levy;

the Nominal Defendant levy.

The administration fee for the financial year starting on 1 July 2026 is fixed at $8.70.

The levies and administration fee fixed under subsection (1) or (2) are the amounts for a registration period of 1 year and, if the registration period is more or less than 1 year, the amount of a levy or the administration fee is to be worked out using the formula—

where—

A is the amount of the levy fixed under subsection (1) or the amount of the administration fee fixed under subsection (2).

N is the number of days in the registration period.

Despite subsection (3), if the motor vehicle is a motor vehicle, other than a trailer, for which an unregistered vehicle permit has been or is to be issued, the levy and administration fee fixed under subsections (1) and (2) apply regardless of the period of the permit.

This section applies if a change to a registered motor vehicle or its use changes the vehicle’s class to a class for which a higher insurer’s premium would have been payable if the change had happened before the relevant date.

The registered operator of the vehicle must—

before the change is made—

give the vehicle’s insurer written notice of the change and when it is to be made; and

pay the insurer the premium shortfall; and

as soon as practicable, but not more than 14 days, after giving notice under paragraph (a)(i), give transport administration a written notice—

identifying the vehicle and the registered operator; and

stating the nature of the change to the vehicle or its use and when the change was, or is to be, made; and

containing or accompanied by a receipt or other evidence that the premium shortfall has been paid.

Maximum penalty—20 penalty units.

However, if the change is to happen on a transfer of the vehicle’s registration, transport administration may arrange with the registered operator to notify the vehicle’s insurer of the change on the registered operator’s behalf.

If an arrangement is made under subsection (3)—

subsection (2) does not apply to the registered operator; and

transport administration must give the vehicle’s insurer written notice of the change and when it was made; and

the new registered operator must, if asked by the insurer, pay the insurer the premium shortfall.

In this section—

formula amount means the amount worked out using the formula—

where—

A means the number of days remaining in the vehicle’s registration period after the change.

P₁ means the annual insurer’s premium, calculated at the relevant date, for the vehicle’s class after the change.

P₂ means the annual insurer’s premium, calculated at the relevant date, for the class under which the vehicle was insured before the change.

premium shortfall means the higher of the following amounts—

the formula amount;

$10.

relevant date means the first day of the registration period in which the change to the registered motor vehicle or its use happens.

This section applies if a change to a registered motor vehicle or its use changes the vehicle’s class to a class for which a lower insurer’s premium would have been payable if the change had happened before the relevant date.

However, this section applies only if the change is intended to be permanent.

The registered operator of the vehicle may ask the vehicle’s insurer for a refund of part of the insurer’s premium paid for the vehicle by giving the vehicle’s insurer a written notice—

stating the nature of the change to the vehicle or its use and when the change was, or is to be, made; and

containing or accompanied by evidence the change in class has been accepted by transport administration.

Before asking for the refund, the registered operator must give transport administration a written notice—

identifying the vehicle and the registered operator; and

stating the nature of the change to the vehicle or its use and when the change was, or is to be, made; and

if the change is a change in the use of the vehicle—containing enough information to show the change is intended to be permanent.

Transport administration may ask for some or all information stated in the written notice to be verified by statutory declaration.

The vehicle’s insurer must give the registered operator the refund within 1 month after receiving the request for the refund.

However, an insurer is not required to give the refund if—

the person making the request for the refund did not pay the insurance premium; or

the refund amount calculated under this section is less than $10; or

there has already been a refund given under this section in relation to the vehicle in the same registration period.

The amount of the refund must be worked out using the formula—

where—

A means the number of days remaining in the vehicle’s registration period after the change.

P₁ means the annual insurer’s premium, calculated at the relevant date, for the class under which the vehicle was insured before the change.

P₂ means the annual insurer’s premium, calculated at the relevant date, for the vehicle’s class after the change.

No right to the refund of a levy or the administration fee arises on change of class of a registered motor vehicle in the registration period.

In this section—

relevant date means the first day of the registration period in which the change to the registered motor vehicle or its use happens.

This section applies if a change to a registered motor vehicle or its use changes the vehicle’s class without affecting the insurer’s premium that would have been payable if the change had happened before the relevant date.

The registered operator of the vehicle must, before or within 14 days after the change, give transport administration a written notice—

identifying the vehicle and the registered operator; and

stating the nature of the change to the vehicle or its use and when the change was, or is to be, made.

Maximum penalty—4 penalty units.

In this section—

relevant date means the first day of the registration period in which the change to the registered motor vehicle or its use happens.

This section applies if the registration of a motor vehicle is cancelled before the end of the registration period for the vehicle.

The registered operator of the vehicle at the time of the cancellation, or transport administration, may request a refund of the calculated amount from the vehicle’s insurer.

The request for the refund must be supported by a written statement from transport administration confirming the cancellation of the registration and the date of the cancellation.

The vehicle’s insurer must refund the calculated amount to the registered operator of the vehicle within 1 month after receiving the request for the refund.

However, the insurer is not required to give a refund if the calculated amount is less than $10.

No right to the refund of a levy or the administration fee arises on cancellation of the registration of a motor vehicle.

In this section—

calculated amount means the amount worked out using the formula—

where—

A means the number of days remaining in the registration period.

B means the total number of days in the registration period.

IP means the insurer’s premium paid for the registration period.