Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:56:p2
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 56 (pt 2/2)
Character Range: 126053–127974

arising out of a claim made in respect of an injury to the covered person or in respect of the loss of, or damage to, property used by the covered person, being an injury, loss or damage in respect of which an amount of compensation has been paid under the scheme; or
 (ii) to a dependant of a deceased covered person in proceedings arising out of a claim made in respect of the death of the covered person, where that death resulted from an injury in respect of which an amount of compensation has been paid under the scheme;
Comcare may, by notice in writing given to the liable person, require the liable person to pay to the Commonwealth so much of the amount of the damages as does not exceed the amount that would be payable by the covered person or dependant to the Commonwealth under section 53 or 54 if the damages had been paid to or in respect of the covered person or the dependant.
 (3) If, before a notice under subsection (2) is received by a person, the person pays, to or in respect of the covered person or dependant, all or part of the damages to which the notice relates:
 (a) if all of the damages have been paid—the notice has no force or effect; or
 (b) if part only of the damages have been paid—the reference in that subsection to the amount of the damages is to be read as a reference to so much of that amount as has not been paid.
 (4) If a person fails to pay an amount to the Commonwealth in accordance with a notice under this section, Comcare may recover that amount from the person in a court of competent jurisdiction as a debt due to the Commonwealth.
 (5) The payment of an amount to the Commonwealth by a person in accordance with a notice under this section is, to the extent of the amount paid, a discharge of the liability of that person to the covered person or dependant and of the liability (if any) of the covered person or dependant to the Commonwealth under section 53 or 54.