Document ID: chunk:federal_register_of_legislation:C2004A04298:body:0:p10
Version: federal_register_of_legislation:C2004A04298
Segment Type: other
Provision Reference: 
Character Range: 24310–27065

(b) by omitting from subsection (3) "and sections 96E and 96F" and substituting "and sections 96F and 96FA";

    (c) by omitting subsection (4);

    (d) by omitting from subsection (5) "the Minister approves" and substituting "the confirmation of;

    (e) by inserting in subsection (5) "takes effect" after "or the Minister)";

    (f) by omitting from paragraph (5)(a) "of the approval" and substituting "of the confirmation";

    (g) by omitting from paragraph (5)(b) "approved by the Minister" and substituting "confirmed";

    (h) by omitting from subsection (6) "approved by the Minister under this section" and substituting "confirmed";

    (i) by adding at the end the following subsection:

"(9) In this section:

       'confirmed estimate' means an estimate whose confirmation under this Division has taken effect.".

Other amendments

19.(1) The Principal Act is further amended as set out in Schedule 1.

(2) The OHS Act 1991 is amended as set out in Schedule 2.

Division 3—Transitional provisions

Transitional provisions—assets, rights and liabilities

20.(1) On the commencing day, the money of the previous Commission and any other real or personal property held by it immediately before that day are vested in Comcare by force or this subsection.

(2) All money and investments held immediately before the commencing day by the previous Commission for the benefit of any person, and vested in Comcare on that day by force of subsection (1), must be held by Comcare for the benefit of that person.

(3) All rights and entitlements of the previous Commission (including any right or entitlement to recover any amount from a person, or to start or become a party to legal or other proceedings, or to do anything else) are vested in Comcare by force of this section on the commencing day to the extent that they had not been exercised, or had not expired or been extinguished, before that day.

(4) Subject to this Division, all liabilities or obligations incurred by the previous Commission under the Principal Act or any other Act are, on and after the commencing day, taken to have been incurred by Comcare to the extent that they had not been discharged before that day.

(5) Anything done by the previous Commission in respect of its liability to pay compensation, or to make any other payment, under the Principal Act is, on and after the commencing day, taken to have been done by Comcare in respect of its liability, under that Act as amended by this Act, to pay that compensation, or make that payment.

(6) A payment made under the Principal Act before the commencing day, being a payment made by the previous Commission in respect of its liability for any injury or loss suffered by an employee, is, on and after that day,