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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Employers' Indemnity Supplementation Fund
Amendment Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 14 amended 3
6. Section 16 amended 4
7. Section 17 repealed 4
8. Section 18 amended 4
9. Section 36 amended 5
page i
6--2
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Employers' Indemnity Supplementation Fund
Amendment Bill 2001
A Bill for
An Act to amend the Employers' Indemnity Supplementation Fund
Act 1980.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Employers' Indemnity
Supplementation Fund Amendment Act 2001.
page 1
Employers' Indemnity Supplementation Fund Amendment Bill 2001
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Employers' Indemnity
Supplementation Fund Act 1980*.
[* Reprinted as at 7 December 1994.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 134-5.]
10 4. Section 3 amended
Section 3 is amended as follows:
(a) by deleting the definition of "appointed date";
(b) by inserting after the definition of "self-insurer" the
following definition --
15 "
"surcharge period" means a period the
commencement and expiry times of which are
prescribed by the regulations;
";
20 (c) in the definition of "the appropriate surcharge" by
deleting "section 14" and inserting instead --
" section 14(2) ".
page 2
Employers' Indemnity Supplementation Fund Amendment Bill 2001
s. 5
5. Section 14 amended
(1) Section 14(1) is amended by deleting "who obtains from an
insurer an employer's policy on or after the appointed date" and
inserting instead --
5 "
who, during a surcharge period, obtains from an insurer
an employer's policy providing any cover for liability
of the employer arising during the surcharge period
".
10 (2) Section 14(2) and (3) are repealed and the following subsections
are inserted instead --
"
(2) The appropriate surcharge is an amount equal to the
prescribed percentage, at the time the policy was
15 obtained, of the amount of any premium payable under
the policy in respect of cover for liability of the
employer arising during a surcharge period.
(3) The percentage prescribed for the purposes of
subsection (2) cannot exceed 5% and after 30 June
20 2006 cannot exceed 1%.
(3a) Different percentages may be prescribed to apply
during different parts of a particular surcharge period
but only one percentage can apply at any particular
time.
25 ".
(3) Section 14(4)(c) is amended by deleting "insurance cover under
the employer's policy concerned begins or that employer's
policy is renewable." and inserting instead --
"
30 the amount of premium in respect of which the
appropriate surcharge is payable is paid.
".
(4) Section 14(5) and (6) are repealed.
page 3
Employers' Indemnity Supplementation Fund Amendment Bill 2001
s. 6
6. Section 16 amended
(1) Section 16(1)(a) is amended by deleting "appointed date, within
one month from the appointed date" and inserting instead --
"
5 commencement of a surcharge period, within
one month after that commencement
".
(2) Section 16(1)(b) is amended by deleting "after the appointed
date, within one month after he becomes" and inserting
10 instead --
"
during a surcharge period, within one month
after becoming
".
15 (3) Section 16(1) is amended by inserting after "12 months" --
" any of which is during a surcharge period ".
7. Section 17 repealed
Section 17 is repealed.
8. Section 18 amended
20 After section 18(2) the following subsection is inserted --
"
(2a) The regulations may provide for refunds of amounts of
surcharge paid if the surcharge period on the basis of
which the surcharge was calculated is shortened.
25 ".
page 4
Employers' Indemnity Supplementation Fund Amendment Bill 2001
s. 9
9. Section 36 amended
Section 36(3) is amended by deleting "whether made before, on
or after the appointed date" and inserting instead --
" whenever made ".
page 5
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