Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p145
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 145/148)
Character Range: 692930–695410

a claim in whole in the following circumstances:
 (i) the dealer compensated the claimant before the claim was determined;
 (ii) the claim would have been allowed if the dealer had not compensated the claimant.
 (2) The claimant is entitled to be paid out of the Fund an amount equal to the total of the reasonable costs of, and the reasonable disbursements incidental to, the making and proof of the claim.
 (3) The claimant is also entitled to be paid out of the Fund an amount in respect of the claimant's reasonable costs of, and disbursements incidental to, attempting to recover the loss.
 (4) Subregulations (2) and (3) apply in addition to the claimant's other rights under this Division.

7.5.79  Interest
 (1) In addition to an amount that is payable to a person out of the Fund in respect of a claim, interest at the rate of 5% per annum or, if another rate is determined in writing by the SEGC, at that other rate, is payable to the person out of the Fund, on so much of that amount as is not attributable to costs and disbursements, in respect of the period beginning on the day on which the person became entitled to make the claim and ending on:
 (a) if the SEGC has made a determination under subregulation 7.5.82(1) to pay that amount in instalments—the day on which that amount would, if no such determination had been made and the money in the Fund were unlimited, have been paid to the person; or
 (b) if, because of insufficiency of the Fund, no part of that amount is paid to the person on the day on which that amount would, if the money in the Fund were unlimited, have been so paid—that day; or
 (c) in any other case—the day on which that amount is paid to the person.
 (2) A rate of interest determined by the SEGC for subregulation (1):
 (a) must not exceed the rate that, when the determination is made, is fixed by Rules of Court for the purposes of paragraph 52(2)(a) of the Federal Court of Australia Act 1976; and
 (b) must not be less than 5% per year.
 (3) As soon as practicable after determining a rate of interest, the SEGC must publish a copy of the determination in the Gazette.
 (4) If:
 (a) under subregulation (1), interest is payable to a person on an amount in respect of a period; and
 (b) that amount, or a part of that amount, remains unpaid throughout a period beginning immediately after the period mentioned in paragraph (a);
interest, in addition to that amount and that interest, is payable to the person, at the rate of 5% per