Document ID: chunk:federal_register_of_legislation:F2021N00108:clause:1_5:p1
Version: federal_register_of_legislation:F2021N00108
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/2)
Character Range: 3160–5787

5  Revocation of licence
  Pursuant to section 107 of the Act, the Commission has revoked the final licence with effect on 1 June 2021.
Note 1: Section 27 of the Regulations, which deals with the consequences of revocation of the final licence, provides in effect that the former licensed corporation:
(a) ceases to be liable under the Act for payments in respect of any injury, loss or damage suffered by, or death of, an employee occurring on or after the day when the final licence is revoked; and
(b) remains liable under the Act for payments in respect of injury, loss or damage suffered by, or the death of, an employee occurring before the final licence was revoked; and
(c) must manage a claim under the Act (regardless of when the claim is made) in respect of an injury, loss or damage suffered by, or the death of, an employee occurring before the revocation of the final licence as if the final licence had not been revoked; and
(d) must not manage a claim under the Act in respect of any injury, loss, damage or death occurring on or after the day of revocation of the final licence; and
(e) remains a party to proceedings in respect of any matter arising under the Act that, on the day of revocation of the final licence, had not been completed.
Note 2: Section 28 of the Regulations, which deals with the effect of revocation of the final licence during the preservation period despite the revocation of the final licence, provides in effect that:
(a) the former licensed corporation is taken to hold a licence with the same scope as the final licence held by the corporation immediately before the final licence was revoked;
(b) the preserved licence:
                 (i) is taken to be a licence that is in force for the purposes of the Act in accordance with Division 2 of the Regulations; and
                 (ii) is subject to the same conditions as the final licence; and
(c) the functions, powers, rights, obligations and liabilities of the former licensed corporation under the Act that applied in relation to the corporation immediately before the revocation of the final licence continue to apply in relation to the corporation; and
(d) the principal officer of the former licensed corporation is taken to be the rehabilitation authority for the corporation's employees and sections 36, 37, 38, 39, 41 and 41A of the Act apply; and
(e) the former licensed corporation is, for the purposes of section 40 of the Act, taken to be the relevant employer of the corporation's employees; and
(f) Comcare and the Commission may perform their respective functions and exercise their respective powers under the