Document ID: chunk:federal_register_of_legislation:C2024C00866:section:59zd
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 59ZD
Character Range: 1129367–1131163

59ZD  Offence to make compensation payment after receiving preliminary notice or recovery notice
 (1) If a compensation payer has been given a preliminary notice under section 59Y or a recovery notice under section 59ZA in relation to the payment of compensation to a person, the compensation payer must not make the compensation payment to the person.
Penalty: Imprisonment for 12 months.
 (1A) Subsection (1) does not apply if:
 (a) in the case of a preliminary notice—the Commission has given the compensation payer written notice that the preliminary notice is revoked; or
 (b) in the case of a recovery notice—the compensation payer has paid to the Commonwealth the amount specified in the notice; or
 (c) the Commission has given the compensation payer written permission to pay the compensation.
Note: The defendant bears an evidential burden in relation to the matters in subsection (1A). See subsection 13.3(3) of the Criminal Code.
 (2) A compensation payer who contravenes subsection (1) is, in addition to being liable to prosecution for an offence under subsection (1), liable to pay to the Commonwealth:
 (a) if the contravention relates to a preliminary notice—an amount determined by the Commission; and
 (b) if the contravention relates to a recovery notice—the recoverable amount specified in the notice.
 (3) The amount determined by the Commission under paragraph (2)(a) may not be more than the smallest of the amounts worked out under:
 (a) if the person is not a member of a couple—subsection 59ZA(4); or
 (b) if the person is a member of a couple—subsection 59ZA(5).
 (4) This section applies in relation to a payment by way of compensation in spite of any law of a State or Territory (however expressed) under which the compensation is inalienable.

Division 5—Insurers