Document ID: chunk:federal_register_of_legislation:C2006C00126:clause:2_63
Version: federal_register_of_legislation:C2006C00126
Segment Type: clause
Provision Reference: sch 2 cl 63
Character Range: 87356–88105

63  Subsections 48(4A) and (5)
Repeal the subsections, substitute:

 (4A) Subsection (3) does not apply if the damages were recovered in an action for non‑economic loss or by way of a settlement of such an action.

 (5) Subsection (4) does not apply if the damages were recovered:
 (a) as a result of a claim, or fresh claim, made by Comcare under section 50 (whether or not that claim progressed to the formal institution of proceedings); or
 (b) as a result of Comcare's taking over the conduct of a claim under that section; or
 (c) as a result of an action for non‑economic loss; or
 (d) by way of a settlement of such a claim or of such an action (whether or not that claim or that action progressed to the formal institution of proceedings).