Document ID: chunk:federal_register_of_legislation:C2004A02942:body:0:p25
Version: federal_register_of_legislation:C2004A02942
Segment Type: other
Provision Reference: 
Character Range: 60355–63040

person shall deduct from the moneys held by that person, or shall realize the investments held by that person and deduct from the proceeds of the realization, an amount not exceeding the amount that the first-mentioned person is liable to pay to the Commonwealth under this section and shall pay the amount so deducted to the Commonwealth, and the payment of that amount is, to the extent of the amount paid, a discharge of the liability of the first-mentioned person to the Commonwealth and of the Commissioner or
other person to the first-mentioned person.
"(6) A reference in sub-section (4) to compensation under this Act that was paid for the benefit of a dependant does not include a reference to compensation paid under sub-section 43 (5) or (7).
"(7) Where an employee, or a dependant of an employee, establishes, to the satisfaction of the Commissioner, that the whole or part of the prescribed compensation referred to in sub-section (2) recovered by the employee or by, or on behalf of, the dependant, as the case may be, did not relate to an injury, a loss, or damage, in respect of which compensation is payable under this Act, this section has effect in relation to that employee or that dependant, as the case may be, as if the amount of the prescribed compensation recovered by that employee or that dependant was an amount equal to so much (if any) of the amount of the prescribed compensation as did relate to an injury, a loss, or damage, in respect of which compensation is payable under this Act to that employee or that dependant, as the case may be.".
(2) The amendment made by sub-section (1) applies only in relation to an injury, loss or damage sustained by a person after that sub-section comes into operation.

PART VII—AMENDMENT OF THE HANDICAPPED PERSONS ASSISTANCE ACT 1974
Principal Act
83. The Handicapped Persons Assistance Act 19746 is in this Part referred to as the Principal Act.

Approval of projects of maintenance
84. Section 12 of the Principal Act is amended by omitting "proposes to undertake" and substituting "has, on or after 9 December 1974, undertaken, or proposes to undertake,".

PART VIII—AMENDMENTS OF THE SEAMEN'S COMPENSATION ACT 1911
Principal Act
85. The Seamen's Compensation Act 19117 is in this Part referred to as the
Principal Act.

Interpretation
86. Section 3 of the Principal Act is amended—
(a) by inserting after the definition of "ambulance service" in sub-section (1)               the following definition:
"'child', in relation to a seaman, includes—
(a) an ex-nuptial child; and
      (b) a child adopted under the law of any place, whether in Australia or not, relating to the adoption of children;"; and
(b) by