Document ID: chunk:federal_register_of_legislation:C2004A04386:body:0:p9
Version: federal_register_of_legislation:C2004A04386
Segment Type: other
Provision Reference: 
Character Range: 20575–23213

determines when granting the licence.

"(2) At any time while a licence is in force the Commission may vary the conditions to which the licence is subject under paragraph (1)(c).

"(3) Without limiting the conditions to which a licence may be subject, a licence may be subject to any one or more of the following conditions:

    (a) a condition that the licence applies only in respect of claims made by a specified class of employees of the authority, for example employees employed in a particular State or Territory;

    (b) a condition that, if both the authority and Comcare are parties to any proceedings (including proceedings under Part VI) in relation to a matter arising under this Act, the authority will not cause or permit to be made on its behalf to the court or tribunal concerned any submission that Comcare or the Commission has requested the authority not to make;

    (c) in the case of a Class 1 Licence or a Class 3 Licence:

       (i) a condition that the liability of the authority to pay compensation, or make any other payments, under this Act in relation to a claim in respect of an injury, loss or damage suffered by, or in respect of the death of, an employee of the authority is not to exceed a specified amount;

       (ii) a condition that the authority will obtain such bank or other guarantees or other securities as the Commission directs for the due discharge of the authority's liability in respect of claims, or particular classes of claims, under this Act or in respect of so much of that liability as exceeds a specified amount;

       (iii) a condition that the authority will maintain such funds, and in such form, as the Commission directs for the purpose of enabling the due discharge of the authority's liability in respect of claims, or particular classes of claims, under this Act or in respect of so much of that liability as exceeds a specified amount;

    (d) in the case of a Class 2 Licence or a Class 3 Licence:

       (i) a condition that the responsibility of the authority for determining claims does not extend to making a determination that would involve the payment of an amount which, or amounts the total of which, exceeds a specified amount;

       (ii) a condition that the reconsideration of determinations made by the authority is to be carried out by employees of the Commonwealth or of another Commonwealth authority.

"(4) If the Commission varies any of the conditions to which a licence is subject:

    (a) the Commission must give to the holder of the licence, and

cause to be published in the Gazette, a notice setting out the variations; and

    (b) it