SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 97M Variation of determination of premium or regulatory contribution payable by an Entity or Commonwealth authority

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 97M

  (1)   Comcare may, in writing, vary a determination of the amount of an Entity's or Commonwealth authority's premium or regulatory contribution if, and only if:

  (a)   there is an error in information given to Comcare under section   97F that affected the determination; or

  (b)   Comcare has made an error in determining the amount of the premium or contribution; or

  (c)   there is a significant change in the number of persons employed by the Entity or authority during the financial year to which the determination relates; or

  (d)   there is a significant change in the estimated amount of salary, wages or pay payable to those persons during that year; or

  (e)   in the case of a Commonwealth authority:

  (i)   a licence is, or is to be, granted to the authority; or

  (ii)   a licence held by the authority is, or is to be, revoked.

  (2)   Comcare must send a copy of the variation, together with a statement of the reasons for the variation, to the principal officer of the Entity or the Commonwealth authority.

  (3)   Sections   97J and 97K apply to a variation of a determination in the same way they apply to a determination.

  (4)   If:

  (a)   an amount equal to the premium or regulatory contribution of an Entity or Commonwealth authority in respect of a financial year has been paid to Comcare in accordance with a direction of the Commission; and

  (b)   the amount of the premium or regulatory contribution is later reduced as a result of a variation under this section;

the Entity or authority is entitled to the difference between the amount so paid and the reduced amount.

  (5)   The difference must be repaid by Comcare to the Entity or authority concerned.

  (6)   If Comcare erroneously charges an Entity or Commonwealth authority a premium or regulatory contribution in excess of the premium or contribution that it should have charged, Comcare must, in addition to repaying the amount of the excess, also pay the Entity or authority interest on the excess.

  (7)   Interest on the excess is payable at such rate as is from time to time specified by the Minister by notice in the Gazette , in respect of each day after the overpayment and before the excess is repaid. However, interest is not payable on the excess if it is less than $100.