Document ID: chunk:federal_register_of_legislation:C2024C00613:section:202
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 202
Character Range: 358050–359892

202  Application of amendments made by Schedule 2 to the amending Act
 (1) The amendments made by Part 1 of Schedule 2 to the amending Act apply in relation to determinations made under section 29 of this Act:
 (a) before the commencement of this section, whether or not, as a result of the determination, any of the following occurred before that commencement:
 (i) an offer of redress was made, accepted or declined;
 (ii) a redress payment was made;
 (iii) an application for review of the determination was made, or a review determination made; or
 (b) on or after that commencement.

Offers of redress made before commencement
 (2) Subsections (3) and (4) of this section apply to an offer of redress given to a person under section 39 before the commencement of this section if the amount (the new amount) that the Operator was required to determine under this Act, as amended by Part 1 of Schedule 2 to the amending Act, as the amount of the redress payment for the person is greater than the amount that the Operator would have been required to so determine if those amendments had not been made.
 (3) The offer of redress is taken to have always stated, as the amount of the redress payment for the person, the new amount mentioned in subsection (2) of this section.
 (4) To avoid doubt, if:
 (a) the Operator paid some of the redress payment under section 48 before that commencement; and
 (b) the amount paid is less than the new amount; and
 (ba) if the redress payment was paid in instalments—the last instalment was paid before that commencement;
the Operator must, as soon as practicable after that commencement, pay, under that section (and subject to anything prescribed by the rules for the purposes of subsection 48(2)), the difference between:
 (c) the new amount; and
 (d) the amount that the Operator has already paid.