SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 97QD Remission of exit contributions payable by former Commonwealth authorities

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 97QD

  (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; and

  (c)   under subsection   97HA(5), Comcare has permitted an amount of exit contribution payable by the body corporate to be paid in instalments; and

  (d)   one or more of those instalments have not been paid; and

  (e)   the amount that represents so much of available scheme funds as is attributable to:

  (i)   premiums paid by the body corporate before the cessation time; and

  (ii)   special premiums paid by the body corporate before the cessation time; and

  (iii)   interest earned on the premiums and special premiums referred to in subparagraphs   (i) and (ii); and

  (iv)   instalments of exit contribution paid to Comcare by the body corporate after the cessation time; and

  (v)   interest earned on instalments referred to in subparagraph   (iv);

    exceeds Comcare's liability (if any) under this Act (including liability under actions for non - economic loss), in respect of injuries suffered before the cessation time:

  (vi)   if the body corporate did not hold a licence in force under Part   VIII--by employees of the body corporate; and

  (vii)   if the body corporate held such a licence--by employees of the body corporate in respect of whom the body corporate was not authorised to accept liability;

Comcare may remit the whole or a part of the amount of any or all of the unpaid instalments.

  (2)   For the purposes of subsection   (1), the total amount remitted must be equal to or less than the excess.

  (3)   For the purposes of paragraph   (1)(e):

  (a)   liability includes prospective liability; and

  (b)   assume that Comcare's liability is not contingent on:

  (i)   the making of a claim for compensation; or

  (ii)   the giving of a notice under section   53.

  (4)   For the purposes of paragraph   (1)(e), assume that all instalments of exit contributions payable by the body corporate have been paid to Comcare.