SCHEDULE 8 - Savings and transitional provisions

Section 164

1.    Interpretation

In this Schedule –

approved insurer means an approved insurer within the meaning of the repealed Act ;

commencement day means the day fixed under section 2 (2) .

2.    Proceedings commenced under repealed Act to be continued under that Act

Subject to section 69A , all proceedings that have been commenced under the repealed Act and that have not on the commencement day been finally determined shall be continued and determined under that Act.

3.    Provisions with respect to orders under section 3 (5) of repealed Act

An order under section 3 (5) of the repealed Act that is in force immediately before the commencement day continues in force after that day as if it had been made under section 66 .

4.    Provisions with respect to employers maintaining policy of insurance complying with section 34 (1) of repealed Act

An employer who, immediately before the commencement day, maintains in force with an approved insurer a policy of insurance complying with section 34 (1) of the repealed Act shall, on that day, be deemed to be maintaining in force with a licensed insurer a policy of insurance that complies with section 97 (1) .

5.    Certain insurers not guilty of offence under section 98

(1) An insurer –

(a) who carried on, as an approved insurer, workers compensation insurance business in this State immediately before the commencement day; and

(b) who has not been refused a licence under section 101 –

is not guilty of an offence under section 98 by reason only that, not being a licensed insurer, he carries on workers compensation insurance business in this State during the period of 3 months after the commencement day.

(2) An insurer who –

(a) carried on, as an approved insurer, workers compensation insurance business in this State immediately before the commencement day;

(b) has, within 3 months after the commencement day applied under section 100 for a licence under this Act; and

(c) has not withdrawn the application or been refused a licence under section 101 –

is not guilty of an offence under section 98 by reason only that, not being a licensed insurer, he carries on workers compensation insurance business in this State after the expiration of 3 months after the commencement day.