Commonwealth Consolidated Regulations

SAFETY, REHABILITATION AND COMPENSATION REGULATIONS 2002 - REG 13A

         (1)   This regulation applies if the Commission makes a demand for payment under a guarantee that is in force relating to a Commonwealth authority whose licence is suspended.

         (2)   The money payable in response to the demand ( guarantee money ) must be paid to Comcare.

         (3)   Comcare must pay all guarantee money it receives into a separate bank account until the money can be dealt with in accordance with this regulation.

Note    Surplus money may be invested: see subsection 18 (3) of the Commonwealth Authorities and Companies Act 1997 .

         (4)   To avoid doubt, Comcare holds guarantee money on its own account and not on behalf of the Commission or the Commonwealth.

         (5)   Comcare may use guarantee money to do any of the following:

                (a)    discharge a liability mentioned in subregulation 13 (2);

               (b)    meet a cost mentioned in paragraph 13 (3) (b );

                (c)    reimburse itself if it has discharged a liability of that kind or met a cost of that kind without using guarantee money.

         (6)   If, after the end of the suspension period, Comcare determines that:

                (a)    there are unlikely to be any further outgoings of guarantee money under subregulation (5); and

               (b)    there is any guarantee money remaining;

Comcare must deal with the remaining money in the way provided for in the guarantee.

         (7)   However, if the guarantee does not make any provision about how the remaining money is to be dealt with, Comcare must pay the remaining money:

                (a)    to the Commonwealth authority; or

               (b)    if the Commonwealth authority no longer exists:

                          (i)    in accordance with any legislation that makes provision about the distribution of the assets of the former Commonwealth authority; or

                         (ii)    in any other case -- to the bank or other body that paid the money to Comcare.