Document ID: chunk:federal_register_of_legislation:C2016A00003:clause:1_97qb
Version: federal_register_of_legislation:C2016A00003
Segment Type: clause
Provision Reference: sch 1 cl 97QB
Character Range: 40155–41641

97QB  Refund of premiums to the Australian Capital Territory if it ceases to be a Commonwealth authority
 (1) If:
 (a) the Australian Capital Territory ceases to be a Commonwealth authority at a particular time (the cessation time); and
 (b) the amount that represents so much of available scheme funds as is attributable to:
 (i) premiums paid by the Australian Capital Territory before the cessation time; and
 (ii) special premiums paid by the Australian Capital Territory before the cessation time; and
 (iii) interest earned on the premiums and special premiums referred to in subparagraphs (i) and (ii);
  exceeds Comcare's liability (if any) under this Act (including liability under actions for non‑economic loss), in respect of injuries suffered before the cessation time by employees of the Australian Capital Territory;
Comcare may make a determination that an amount equal to the excess is payable to the Australian Capital Territory by way of a refund of premiums paid to Comcare by the Australian Capital Territory.
 (2) The amount is to be paid by Comcare within 28 days after the determination is made.
 (2A) A determination under subsection (1) may only be made during the 7‑year period beginning at the cessation time.
 (3) For the purposes of paragraph (1)(b):
 (a) liability includes prospective liability; and
 (b) assume that Comcare's liability is not contingent on:
 (i) the making of a claim for compensation; or
 (ii) the giving of a notice under section 53.