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NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 4
Application of Act
4 Application of Act
(1) This Act applies in relation to a serious personal injury caused by,
through or in connection with a prescribed vehicle, if— (a) the injury is a
result of— (i) the driving of the prescribed vehicle; or
(ii) a collision,
or action taken to avoid a collision, with the prescribed vehicle; or
(iii)
the prescribed vehicle running out of control; or
(iv) a defect in the
prescribed vehicle causing loss of control of the vehicle while the vehicle is
being driven; and
(b) the incident (the
"motor accident" ) resulting in the injury happens in Queensland on or after 1
July 2016.
(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.
(3) Also, this Act does not apply in relation to a
serious personal injury caused by, through or in connection with— (a) any of
the following prescribed vehicles unless the motor accident resulting in the
injury happens on a road— (i) a tractor, backhoe, bulldozer, end-loader,
forklift, industrial crane or hoist, or other mobile machinery;
(ii) an
agricultural machine;
(iii) a motor vehicle adapted to run on rail or tram
tracks;
(iv) an amphibious vehicle;
(v) a motor vehicle prescribed by
regulation; or
(b) 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.
(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— (a) built to perform agricultural tasks; and
(b) being used for
agricultural purposes.
Examples— 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— (a) for which a CTP
insurance policy is not in force; and
(b) of which a self-insurer is not the
registered owner; and
(c) that is not a trailer.
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