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Clause 44. Definitions
The clause defines the terms:
· “Commissioner” as the person occupying the position of Compensation Contributions Commissioner;
· “Minister” as the Minster administering the Territory Insurance Office Act; and
Clause 5. Repeal and substitution of section 47
This clause amends repeals section 47 and replaces it with the provisions of the Bill.
Clause 47. Notice specifying compensation contributions
This clause confers authority on the Compensation Contributions Commissioner to determine MACA contributions, by Gazette, for a range of motor vehicle permits, licenses and registration. These include the grant or renewal of registration of a motor vehicle or pastoral vehicle permit, an exemption from registration for a visiting motor vehicle, the issuing of a traders plate or temporary license and for the registration of a vehicle under the Commonwealth Interstate Road Transport Act 1985.
Clause 47A. Parameters for compensation contributions
This clause provides for the prudential and affordability parameters for the Commissioner’s determinations to be prescribed by regulation.
Clause 47B. Determining compensation contributions
Sub-clause (1) requires the Commissioner to obtain the recommendation of the Territory Insurance Office on contribution amounts prior to making a final determination.
Sub-clause (2) requires the Territory Insurance Office to make its recommendation in accordance with the parameters established in the regulations and to provide the Commissioner with the details of its recommendations and supporting material.
Sub-clause (3) requires the Commissioner to explicitly consider the recommendations of the Territory Insurance Office, the supporting material provided by the Office and the parameters established in the regulations.
Sub-clause (4) directs the Commissioner to notify, in writing, the Minister and the Office of its proposed determination prior to finalization. The notice is to include the details of the basis for the determination and the reasons for any variations from the Office’s recommendations. The notice is to also invite comment on the proposed determination and the timeframe for the receipt of comments.
Sub-clause (5) requires the Commissioner to consider the comments raised in the notification in making a final determination.
Clause 47C. Review by Commissioner
Sub-clause (1) allows the Minister to direct the Commissioner to undertake a review of an issue relating to the MACA scheme at any time.
Sub-clause (2) requires the Commissioner to comply with the Minister’s direction.
Sub-clause (3) prescribes the matters that may be subject to a review by the Commissioner, including a benefit amount, the design of the scheme or the structure of contribution amounts.
Clause 6. New Part V, Division 3
This clause inserts Division 3 after section 49 of Part V.
Clause 49A. Appointment
Sub-clause (1) provides for the appointment of the Compensation Contributions Commissioner by the Minister.
Sub-clause (2) makes a person who is a Chief Executive Officer, or an employee of the public service, ineligible to be appointed as the Commissioner.
Clause 49B. Terms and conditions
This clause determines that the Commissioner is appointed under terms and conditions determined by the Minister.
Clause 49C. Resignation
This clause requires the Commissioner to provide written notice to the Minister on resignation.