Document ID: chunk:federal_register_of_legislation:C2004A00839:clause:1_1184d
Version: federal_register_of_legislation:C2004A00839
Segment Type: clause
Provision Reference: sch 1 cl 1184D
Character Range: 36745–38393

1184D  Offence to make compensation payment after receiving preliminary notice or recovery notice

 (1) If a person (the potential compensation payer) has been given a notice under section 1182 or 1184 in relation to the payment of compensation to a person, the potential compensation payer must not make the compensation payment to the person unless:
 (a) in the case of a notice under section 1182—the Secretary has given the potential compensation payer written notice that the notice under section 1182 is revoked; or
 (b) in the case of a notice under section 1184—the potential compensation payer has paid to the Commonwealth the amount specified in the notice; or
 (c) the Secretary has given the potential compensation payer written permission to pay the compensation.

Penalty: Imprisonment for 12 months.

 (2) If an insurer has been given a notice under section 1182 or 1184 in relation to the insurer's liability to indemnify a compensation payer, the insurer must not make any payment to the compensation payer in relation to that liability unless:
 (a) in the case of a notice under section 1182—the Secretary has given the insurer written notice that the notice under section 1182 is revoked; or
 (b) in the case of a notice under section 1184—the insurer has paid to the Commonwealth the amount specified in the notice; or
 (c) the Secretary has given the insurer written permission to pay the amount.

Penalty: Imprisonment for 12 months.

 (3) Strict liability applies to an element of an offence against subsection (1) or (2) that:
 (a) a notice is a notice under section 1182; or
 (b) a notice is a notice under section 1184.