New South Wales Consolidated Acts

HOMEFUND COMMISSIONER ACT 1993 - SECT 26B

26B Determinations affecting the FANMAC trustee

(1) The Commissioner may make a determination applying to the FANMAC trustee even if the complainant does not have an entitlement to a legal remedy against the FANMAC trustee, so long as:

(a) the Commissioner is satisfied that the complainant has such an entitlement against one or more of the other parties to the determination, and

(b) the Commissioner makes an order requiring some or all of those other parties to pay to the FANMAC trustee such amount as, in the Commissioner’s opinion, is sufficient to compensate the FANMAC trustee for the costs incurred by the FANMAC trustee in complying with the requirements of the determination.

(2) The FANMAC trustee is not obliged to comply with the requirements of a determination referred to in subsection (1) until it has received (whether or not from a party specified in an order referred to in subsection (1) (b)) an amount, by way of compensation for the costs referred to in that paragraph, of at least the amount specified in the order.