Document ID: chunk:federal_register_of_legislation:C2024C00613:section:48
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 48
Character Range: 107427–109203

48  The Operator must pay the redress payment
 (1) If:
 (a) a person is entitled to redress under the scheme (see section 12); and
 (b) the person stated in the acceptance document that the person wishes to be paid the redress payment;
then the Operator must pay the redress payment to the person as soon as practicable.
 (1A) However, if:
 (a) another person (an administrator) has been appointed by a court, tribunal or board, or other entity prescribed by the rules, under a law of the Commonwealth, a State or a Territory to make decisions on behalf of the person in relation to all or part of the person's property or financial affairs or matters; and
 (b) the Operator considers that it is appropriate in the circumstances;
then the Operator must pay the redress payment to the administrator as soon as practicable.
Note: Another person appointed by the person, for example, under a power of attorney, is not covered by paragraph (a).
 (1B) Despite the requirement in subsection (1) or (1A) that the redress payment be paid as soon as practicable, the Operator may pay the redress payment in such instalments, and at such times, (if any) as are agreed to by written agreement between the person or administrator (whichever is applicable) and the Operator.
 (1C) Subsection (1B) does not apply if the person dies before the first instalment is paid.
 (1D) If:
 (a) the Operator pays part of the redress payment in one or more instalments; and
 (b) the person dies before the Operator pays the last instalment;
the Operator must pay the unpaid amount of the payment, in accordance with subsection (1) or (1A), as soon as practicable.
 (2) The rules may prescribe matters relating to the payment of redress payments (including matters relating to payment by instalments).