Document ID: chunk:federal_register_of_legislation:C2009A00083:clause:6_52a:p2
Version: federal_register_of_legislation:C2009A00083
Segment Type: clause
Provision Reference: sch 6 cl 52A (pt 2/2)
Character Range: 69908–71540

Paragraph (1)(d) case where monetary compensation
 (4) In a paragraph (1)(d) case where the determination is that a person is entitled to an amount of monetary compensation:
 (a) if the trust amount is the same as the amount determined—the trustee must pay the trust amount to the person; or
 (b) if the trust amount is less than the amount determined—the trustee must pay the trust amount to the person and the Government party must pay the shortfall to the person; or
 (c) if the trust amount is more than the amount determined—the trustee must:
 (i) pay the person so much of the trust amount as equals the amount determined; and
 (ii) refund the excess to the person who paid the trust amount to the trustee or, if that person no longer exists, apply to the Federal Court for a direction as to its payment.

Paragraph (1)(d) case where non‑monetary compensation
 (5) In a paragraph (1)(d) case where the transfer of property or the provision of goods or services constitutes some or all of the compensation, the trustee must apply to the Federal Court for a direction as to the payment of the trust amount.

Paragraph (1)(d) case where no compensation
 (6) In a paragraph (1)(d) case where the determination is that no compensation is payable or to be given to any person, the trustee must repay the trust amount to the person who paid it to the trustee or, if that person no longer exists, apply to the Federal Court for a direction as to its payment.

Paragraph (1)(e) case
 (7) In a paragraph (1)(e) case, the trustee must pay the trust amount in accordance with the decision of the Federal Court mentioned in that paragraph.