(b) any other variable prescribed by
the regulations for the purposes of this definition.
(2) If, after the due
day for payment of a premium specified in a notice served on a
sporting organisation under section 17 (1), the Authority has reasonable
grounds to believe that the premium is less than it would have been if an
estimate of the quantity of a prescribed variable:
(a) used in the calculation
pursuant to which the premium was determined, and
(b) specified in that
notice pursuant to section 17 (1) (a) (ii),
had been accurate, the Authority
may serve on the organisation a notice requiring it to pay the difference to
the Authority.
(a) particulars of
the notice served under section 17 (1) specifying the premium to which the
adjustment notice relates,
(b) particulars of the manner in which the amount
required to be paid by the adjustment notice is calculated, and
(c) the day
on or before which that amount is payable, being a day occurring not less than
10 days after the date on which the notice is served.
(4) If the amount
required to be paid by an adjustment notice is not paid on or before the day
specified in the notice under subsection (3) (c) or within such further period
as the Authority, by instrument in writing, may allow, the amount required by
that notice to be paid by the sporting organisation thereupon becomes a debt
recoverable, in any court of competent jurisdiction, by the Authority from the
organisation or, where the organisation is:
(a) a body corporate--from any
person who was, when that notice was served on the body corporate, a director,
within the meaning of the Corporations Act 2001of the Commonwealth, of the
body corporate, or
(b) an unincorporated association--from any person who
was, when that notice was served on the unincorporated association, a member
of the governing body of that association.
(5) Where, as a consequence of
proceedings brought by the Authority under subsection (4) in respect of an
unincorporated association, judgment for an amount is given by a court against
a member of the governing body of the association, the court may make such
orders as it thinks fit for recovery of the amount, or any part thereof, out
of any money held by the member or by any person on behalf of, or in trust
for, the association or its members or for the sale of any such property and
for the recovery of the amount, or any part thereof, out of the proceeds of
the sale.
(6) Where a debt referred to in subsection (4) is recovered:
(a)
wholly or partly from the sporting organisation or under subsection (5), the
liability imposed on any person under subsection (4) (a) or (b) is
correspondingly reduced, or
(b) from a person referred to in subsection (4)
(a) or (b), that person is entitled to recover in any court of competent
jurisdiction, as contribution from each of the other directors of the body
corporate or members of the governing body of the unincorporated association,
as the case may be, an amount equal to the dividend obtained by dividing the
amount recovered by the number, at the time the adjustment notice was served,
of directors of that body corporate or of members of the governing body of
that association, as the case may be.
