Commonwealth Consolidated Acts

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Payment of damages by third party where agreement, or an award against the person, to pay damages has been made

             (1)  Subject to subsection (4), if:

                     (a)  pension is payable or has been paid under this Part in respect of:

                              (i)  the incapacity of a veteran from a war-caused injury or disease; or

                             (ii)  the death of a veteran; and

                     (b)  an amount of damages is payable by a person other than the Commonwealth in respect of the same incapacity of the veteran from that or any other injury or disease or in respect of that death because:

                              (i)  the person agreed to pay such damages; or

                             (ii)  damages against the person were awarded to the veteran or dependant in proceedings instituted in respect of the same incapacity of the veteran or in respect of that death;

the Commission may, by written notice to the person, require the person to pay to the Commonwealth a specified amount of the damages.

Note:          Damages in this section do not include certain amounts paid under the Safety, Rehabilitation and Compensation Act 1988 (see subsection 30B(3)).

             (2)  The specified amount must not exceed the total amount of pension paid under this Part, up to the time the payment of damages is made to the Commonwealth, to the veteran or dependant in respect of the incapacity or death.

             (3)  The person must comply with the notice.

Effect of notice where damages already paid

             (4)  If, before a notice under subsection (1) was received by a person, the person had paid to, or in respect of, the veteran or dependant the whole or any part of the damages to which the notice relates, then:

                     (a)  if the whole of the damages had been paid--the notice has no force or effect; or

                     (b)  if part of the damages had been paid--the specified amount of damages is the amount of damages that has not been paid.

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