Document ID: chunk:federal_register_of_legislation:C2004A01206:clause:2_34x
Version: federal_register_of_legislation:C2004A01206
Segment Type: clause
Provision Reference: sch 2 cl 34X
Character Range: 52108–53688

34X  Minister may determine a protocol dealing with various matters

 (1) The Minister may, by writing, determine a protocol (the Exceptional Claims Protocol) for making payments to insurers of claim handling fees, and payments on account of legal, administrative or other costs incurred by insurers (whether on their own behalf or otherwise), in respect of claims in relation to which qualifying claim certificates have been issued.

 (2) Without limiting subsection (1), the Exceptional Claims Protocol may:
 (a) make provision for:
 (i) the conditions that must be satisfied for an amount to be payable to an insurer; and
 (ii) the amount that is payable; and
 (iii) the conditions that must be complied with by an insurer to which an amount is paid; and
 (iv) other matters related to the making of payments, and the recovery of overpayments; and
 (b) provide that this Division applies with specified modifications in relation to a liability that relates to costs in relation to which an amount has been paid under the Protocol.

 (3) Paragraph (2)(b) does not allow the Protocol to modify a provision that creates an offence, or that imposes an obligation which, if contravened, constitutes an offence.

 (4) The Exceptional Claims Protocol may also provide for other matters of a kind specified in regulations made for the purposes of this subsection.

 (5) The instrument determining the Exceptional Claims Protocol, and any instruments amending or revoking the Protocol, are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.