Document ID: chunk:federal_register_of_legislation:C2024A00009:clause:2_71d:p2
Version: federal_register_of_legislation:C2024A00009
Segment Type: clause
Provision Reference: sch 2 cl 71D (pt 2/3)
Character Range: 34365–37269

as being instead the number of whole years since the relevant prior payment was paid;
 (d) ignore step 4 of the method statement in subsection 30(2) in relation to an institution other than an institution covered by paragraph 71B(1)(f), and a relevant prior payment that was paid after the first time the Operator made a determination under section 29 and before the reassessment decision was made;
 (e) subsection (5) of this section applies if the amount of redress payment for the reassessee worked out by applying subsection 30(5) (ignoring the effect of this paragraph) is less than the amount of redress payment for the reassessee set out in the current determination (the current redress amount);
 (f) subsections (6) and (7) of this section apply if the reassessee has previously accepted an offer of redress in connection with the application for redress;
 (g) if the rules prescribe further modifications to how the amounts mentioned in sections 30 and 31 (including as modified by sections 165 and 165A) are worked out—those further modifications.
 (5) For the purposes of paragraph (4)(e), treat the difference between the institutions' total share (worked out by applying subsection 30(3)) and the current redress amount as the Commonwealth's share of the costs of the redress payment (instead of the amount worked out by applying subsection 30(4)).
 (6) For the purposes of paragraph (4)(f):
 (a) if the Operator has, in the current determination, determined under paragraph 29(2)(b) that a participating institution is responsible for the abuse—treat the institution as a participating institution (even if the institution is defunct or is a partly‑participating institution at the time the reassessment decision is made); and
 (b) if the Operator has, in the current determination, determined under paragraph 29(2)(h) that a participating institution is not responsible for the abuse—treat the institution as a participating institution (even if the institution is defunct or is a partly‑participating institution at the time the reassessment decision is made); and
 (c) if the Operator has, in the current determination, determined under paragraph 29(2)(i) that a participating government institution is a funder of last resort for a defunct institution in relation to the abuse—treat the government institution (whether or not it is a participating government institution at the time the reassessment decision is made) as the funder of last resort for the defunct institution; and
 (d) if the Operator has, in the current determination, determined under paragraph 29(2)(k) that a participating jurisdiction is a funder of last resort for an institution in relation to the abuse—treat the jurisdiction (whether or not it is a participating jurisdiction at the time the reassessment decision is made) as the funder of last resort for the institution.
 (7) However, subsection (6) does not