SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 97DA Regulatory contributions payable by a former Commonwealth authority etc.

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 97DA

  (1)   If:

  (a)   a body corporate ceases to be a Commonwealth authority at a particular time (the cessation time ); and

  (b)   the body corporate continues in existence;

Comcare may make a determination of the amount of the regulatory contribution to be paid by the body corporate:

  (c)   in respect of the financial year in which the cessation time occurred; or

  (d)   in respect of a later financial year.

  (2)   If the Australian Capital Territory ceases to be a Commonwealth authority at a particular time (the cessation time ), Comcare may make a determination of the amount of the regulatory contribution to be paid by the Australian Capital Territory:

  (a)   in respect of the financial year in which the cessation time occurred; or

  (b)   in respect of a later financial year.

  (3)   For the purposes of subsections   (1) and (2), the amount of the regulatory contribution to be paid in respect of a financial year:

  (a)   by a body corporate; or

  (b)   by the Australian Capital Territory;

must not exceed the sum of:

  (c)   that part of the estimated cost incurred by the Commission and Comcare in carrying out their respective functions under this Act after the cessation time that Comcare determines, in accordance with principles under section   97E, to be referrable to the body corporate or the Australian Capital Territory; and

  (d)   that part of the estimated cost incurred by the Commission and Comcare in carrying out their respective functions under the Occupational Health and Safety Act 1991 , the Work Health and Safety Act 2011 and the Work Health and Safety (Transitional and Consequential Provisions) Act 2011 after the cessation time that Comcare determines, in accordance with those principles, to be referrable to the body corporate or the Australian Capital Territory.

  (4)   If:

  (a)   a body corporate (the first body corporate ) ceases to be a Commonwealth authority at a particular time (the cessation time ); and

  (b)   the first body corporate ceases to exist at the cessation time; and

  (c)   under a law of the Commonwealth that was in force at the cessation time, another body corporate (the successor ) becomes the successor in law of the liabilities of the first body corporate;

Comcare may make a determination of the amount of the regulatory contribution to be paid by the successor:

  (d)   in respect of the financial year in which the cessation time occurred; or

  (e)   in respect of a later financial year.

  (5)   For the purposes of subsection   (4), the amount of the regulatory contribution to be paid in respect of a financial year by the successor must not exceed the sum of:

  (a)   that part of the estimated cost incurred by the Commission and Comcare in carrying out their respective functions under this Act after the cessation time that Comcare determines, in accordance with principles under section   97E, to be referrable to:

  (i)   the first body corporate; or

  (ii)   the successor in its capacity as successor; and

  (b)   that part of the estimated cost incurred by the Commission and Comcare in carrying out their respective functions under the Occupational Health and Safety Act 1991 , the Work Health and Safety Act 2011 and the Work Health and Safety (Transitional and Consequential Provisions) Act 2011 after the cessation time that Comcare determines, in accordance with those principles, to be referrable to the first body corporate.

  (6)   For the purposes of paragraph   (4)(c), liability means any liability, duty or obligation, whether actual, contingent or prospective.