(3) The percentage
determined by the Authority pursuant to subsection (2)--
(a) subject to
paragraph (b), is to be such as, in the opinion of the Authority, will be
sufficient to yield the total amount to be contributed to the Fund by
Comcare employers in respect of the relevant financial year as determined
pursuant to section 38, and
(b) is to be 60%, or such other percentage (not
exceeding 70%) as determined by the Authority by order, of the percentage
determined in accordance with section 39, and
Example : If the percentage determined in accordance with
section 39 is 4%, unless an order under subsection (3) (b) has been made, the
percentage under subsection (2) will be (60% × 4% =) 2.40%.
If the percentage determined in accordance with section 39 is still 4%, but an
order under subsection (3) (b) has been made increasing that percentage to
62.1%, then the percentage under subsection (2) will be (62.1% × 4% =
2.484%, then rounded to the nearest two decimal places) 2.48%.
(4) A
contribution by a Comcare employer is payable in such instalments and at such
times as may be determined by the Authority and notified to the
Comcare employer.
(5) The Authority may, at any time during or after a
financial year, re-determine the percentage determined pursuant to subsection
(2) in respect of the financial year if the estimated total amount of
premium income and deemed premium income for the financial year is less than
the previously estimated amount on which the original determination of the
percentage was based.
(6) If a percentage is re-determined, the Authority is
to make the necessary adjustments to the contributions payable by
Comcare employers.
(7) If a contribution payable by a Comcare employer has
not been paid within the time prescribed by or under this section--
(a) the
Comcare employer is guilty of an offence and liable to a penalty not exceeding
100 penalty units, and
(b) the amount of that contribution together with a
late payment fee calculated at the rate of 15% of that amount per annum
compounded quarterly (or, where another rate is prescribed, that other rate)
may be recovered by the Authority as a debt in any court of competent
jurisdiction.
(8) Subject to subsection (3), more than one percentage may be
determined by the Authority for different portions of a financial year for the
purposes of subsection (2).
(9) A certificate executed by the Authority as to
the amount of a contribution payable under this section by a Comcare employer
specified in the certificate and the due date for payment is (without proof of
its execution by the Authority) admissible in proceedings under this section
and is evidence of the matters specified in the certificate.
(10) The
obligation of a person (being a Comcare employer) to make a contribution under
this section in respect of any period during which the person was a
Comcare employer does not cease merely because the person subsequently ceases
to be a Comcare employer.