Document ID: chunk:federal_register_of_legislation:C2025C00126:section:4:p37
Version: federal_register_of_legislation:C2025C00126
Segment Type: section
Provision Reference: s 4 (pt 37/42)
Character Range: 516287–519181

an accident or other incident or 2 or more related accidents or other incidents; and
 (b) to which the parties are:
 (i) an entity that is the *managing operator of a *nominal defendant settlement sharing arrangement, or entities that are managing operators of nominal defendant settlement sharing arrangements, that relate to the accidents or incidents; and
 (ii) an *operator or operators of a *compulsory third party scheme or schemes who have issued *insurance policies to persons involved in the accidents or incidents; and
 (c) under which:
 (i) one party (the managing operator) is to make one or more payments or supplies in settlement of a claim, under the compulsory third party scheme or one of the compulsory third party schemes involved, relating to the accidents or incidents; and
 (ii) each other party (a contributing operator) is to make a payment to the *managing operator in respect of that operator settling the claim.

Meaning of managing operator's payment or supply
 (2) If a payment or supply mentioned in subparagraph (1)(c)(i) is not a *CTP ancillary payment or supply, it is a managing operator's payment or supply.

Meaning of contributing operator's payment
 (3) A payment mentioned in subparagraph (1)(c)(ii), to the extent that it is not a fee to the *managing operator for managing the process of making settlements under the arrangement, is a contributing operator's payment.

80‑85  Subdivision 80‑A to apply to hybrid settlement sharing arrangement, subject to exceptions
  In addition to its operation apart from this Subdivision, Subdivision 80‑A has effect, subject to sections 80‑90 and 80‑95, as if a *hybrid settlement sharing arrangement were an *insurance policy settlement sharing arrangement.

80‑90  Subdivision 80‑B to apply to payments or supplies by managing operator of hybrid settlement sharing arrangement who is also managing operator of nominal defendant settlement sharing arrangement
  If:
 (a) the entity that is the *managing operator of the *hybrid settlement sharing arrangement is a party to that arrangement because it is also the managing operator of a *nominal defendant settlement sharing arrangement; and
 (b) the entity makes a payment or supply that, as a result of section 80‑85, is a *managing operator's payment or supply under the hybrid settlement sharing arrangement;
then:
 (c) Subdivision 80‑A does not have any other effect in relation to the payment or supply in accordance with section 80‑85; but
 (d) Subdivision 80‑B (other than section 80‑45) applies in relation to the payment or supply as if it were a managing operator's payment or supply under the nominal defendant settlement sharing arrangement and the entity were not party to the hybrid settlement sharing arrangement.

80‑95  Subdivision 80‑B to apply to payments or supplies by contributing operator of hybrid settlement sharing arrangement who is also