Document ID: chunk:federal_register_of_legislation:C2004A04197:body:0:p4
Version: federal_register_of_legislation:C2004A04197
Segment Type: other
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Character Range: 8578–11250

of the costs incurred by a claimant within the meaning of that Part of any proceedings under that Part; and

    (b)    the payment was not made under section 67 of the Principal Act or under an order made by the Administrative Appeals Tribunal under that section;

the payment is taken to have been validly made.

Appointment of members

9. Section 76 of the Principal Act is amended by omitting subsection (3).

Contracts

  10. Section 94 of the Principal Act is amended:

   (a)     by omitting "$100,000" and substituting "$500,000";

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

     "(2) This section does not apply in relation to an investment of money of the Commission under subsection 91 (4).".

Repeal of sections 96, 97 and 98

  11. (1) Sections 96, 97 and 98 of the Principal Act are repealed.

(2)     In spite of the repeal of sections 96, 97 and 98 of the Principal Act by this Act, those sections continue to apply on and after the commencing day in relation to the financial year that started on 1 July 1990.

(3)     Where, immediately before the commencing day, the contribution of a Department or Commonwealth authority was being paid or transferred by instalments, the Commission may, within 21 days after that day, by notice in writing:

     (a)     notify the Secretary to the Department, or the principal officer of the authority, that if the outstanding amount of the contribution is paid or transferred within 21 days after the date of the notice, no surcharge will be payable on the outstanding amount; and

     (b)    specify the amount of the surcharge that will be payable, or the rate at which it will be payable, if the outstanding amount, or any part of it, is not so paid or transferred.

(4)     A surcharge is not payable if the outstanding amount of contribution of a Department or Commonwealth authority is paid or transferred in accordance with a notice under subsection (3).

(5)     If the outstanding amount of contribution of a Department or Commonwealth authority, or any part of it, is not paid or transferred in accordance with a notice under subsection (3), surcharge is payable on that amount, or any part of it that has not been so paid or transferred.

(6)     A surcharge is payable as a single amount, or at a rate, determined by the Commission.

(7)     The Commission must not determine an amount that is more than the amount specified in the notice under subsection (3) or a rate that is more than the rate so specified.

(8)     An amount or amounts of surcharge payable by a Department or Commonwealth authority under this section must be paid into, or transferred within, the Consolidated Revenue