Commonwealth Consolidated Acts

HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 - SECT 33B

             (1)  A compensation payer or insurer may make an advance payment to the Commonwealth in respect of the compensation payable under a judgment or settlement if:

                     (a)  during the 6 months preceding the day on which an amount of compensation was fixed under the judgment or settlement, a notice under section 21 had not been given; and

                     (b)  a notice under section 23 has been given indicating that the compensation payer or insurer intends to make an advance payment; and

                     (c)  a notice under section 33A has been given; and

                     (d)  the amount of the compensation payable under the judgment or settlement is not a small amount.

Note:          For small amount see section 38.

             (2)  The advance payment must be an amount equal to 10%, or such other percentage as the Minister determines, of the amount of compensation payable under the judgment or settlement.

          (2A)  A determination under subsection (2) may:

                     (a)  identify different amounts, or ranges of amounts, of compensation payable; and

                     (b)  set different percentages for any one or more of those amounts, or ranges of amounts.

             (3)  The advance payment must be made:

                     (a)  if the judgment or settlement was made after the commencement of this Division—within 28 days after the judgment or settlement was made; or

                     (b)  if the judgment or settlement was made before that commencement—within 28 days after that commencement.

             (4)  Determinations made under paragraph (1)(d) and subsection (2) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901 .