Document ID: chunk:federal_register_of_legislation:C2025C00175:section:97q
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 97Q
Character Range: 311470–313117

97Q  Refund of premiums to former Commonwealth authorities
 (1) If:
 (a) a body corporate ceases to be a Commonwealth authority at a particular time (the cessation time); and
 (b) the body corporate continues in existence; and
 (c) the amount that represents so much of available scheme funds as is attributable to:
 (i) premiums paid by the body corporate before the cessation time; and
 (ii) special premiums paid by the body corporate before the cessation time; and
 (iii) interest earned on the premiums and special premiums referred to in subparagraphs (i) and (ii);
  exceeds Comcare's liability (if any) under this Act (including liability under actions for non‑economic loss), in respect of injuries suffered before the cessation time:
 (iv) if the body corporate did not hold a licence in force under Part VIII—by employees of the body corporate; and
 (v) if the body corporate held such a licence—by employees of the body corporate in respect of whom the body corporate was not authorised to accept liability;
Comcare may make a determination that an amount equal to the excess is payable to the body corporate by way of a refund of premiums paid to Comcare by the body corporate.
 (2) The amount is to be paid by Comcare within 28 days after the determination is made.
 (2A) A determination under subsection (1) may only be made during the 7‑year period beginning at the cessation time.
 (3) For the purposes of paragraph (1)(c):
 (a) liability includes prospective liability; and
 (b) assume that Comcare's liability is not contingent on:
 (i) the making of a claim for compensation; or
 (ii) the giving of a notice under section 53.