Document ID: chunk:federal_register_of_legislation:C2024C00866:section:76:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 76 (pt 1/2)
Character Range: 1277989–1280384

76  Payment of damages to Commonwealth
 (1) Where:
 (a) a person other than the Commonwealth appears to be liable:
 (i) to pay damages to a member of the Forces or a member of a Peacekeeping Force in respect of the incapacity of the member from an injury or disease to the member; or
 (ii) to pay damages to a dependant of a deceased member of the Forces or a deceased member of a Peacekeeping Force in respect of the death of the member; and
 (b) pension under this Part is payable or has been paid to the member in respect of the same incapacity of the member from that or any other injury or disease or to the dependant in respect of the death of the member;
the Commission may, by notice in writing to the person, require the person, in the event of the person agreeing to pay damages to the member in respect of the incapacity of the member, or to pay damages to the dependant in respect of the death, or in the event of damages against the person being awarded to the member in proceedings instituted in respect of the incapacity of the member, or to the dependant in proceedings instituted in respect of the death, to pay to the Commonwealth so much of the amount of the damages as does not exceed the aggregate, at the time the payment is made to the Commonwealth, of the amounts of pension under this Part that have been paid to the member in respect of the incapacity of the member, or to the dependant in respect of the death of the member, and the person shall comply with the notice.
 (2) Subject to subsection (3), where:
 (a) a person other than the Commonwealth has agreed:
 (i) to pay damages to a member of the Forces or a member of a Peacekeeping Force in respect of the incapacity of the member from an injury suffered by, or a disease contracted by, the member; or
 (ii) to pay damages to a dependant of a deceased member of the Forces or member of a Peacekeeping Force in respect of the death of the member;
  and pension under this Part is payable, or has been paid, to the member in respect of the same incapacity of the member from that or any other injury or disease or to the dependant in respect of the death of the member; or
 (b) damages against a person other than the Commonwealth have been awarded:
 (i) to a member of the Forces or member of a Peacekeeping Force in respect of the incapacity of the member from an injury suffered by, or a disease contracted by,