Document ID: chunk:federal_register_of_legislation:C2004A04837:front:0:p5
Version: federal_register_of_legislation:C2004A04837
Segment Type: other
Provision Reference: 
Character Range: 12460–15119

to compensation' has the meaning given by subsection (11);

'periodic payments period' means:

    (a) in relation to a series of periodic payments—the period in respect of which the payments are, or are to be, made; and

    (b) in relation to a payment of arrears of a series of periodic payments—the period in respect of which those periodic payments would have been made if they had not been made by way of an arrears payment;

    Note: Arrears of periodic compensation payments are normally treated as reducing, on a dollar for dollar basis, a payment under this Act that is covered by Part IIIC because these compensation payments are not lump sum compensation payments: see subsection 5NB(1) and sections 59T and 59W.

'potential compensation payer' means a person who, in the Commission's opinion, may become a compensation payer;

'receives compensation' has the meaning given by subsection (10).

Compensation

"(2) For the purposes of Part IIIC, 'compensation' means:

    (a) a payment of damages or compensation; or

    (b) a payment under a scheme of insurance or compensation under a law of the Commonwealth or of a State or Territory, or under a contract entered into under such a scheme; or

    (c) a payment (with or without admission of liability) in settlement of a claim for damages or of a claim under such an insurance scheme;

made wholly or partly in respect of lost earnings or lost capacity to earn. The payment may be in the form of a lump sum (or part of a lump sum) or in the form of a series of periodic payments and may be made either within or outside Australia, but it does not include any payment that, under subsection (3), (4), (5) or (6), is excluded from the application of this subsection.

    Note: Under section 590, a person may be treated as having received compensation that the person would have received but for the effect of a State or Territory law.

"(3) Subsection (2) does not apply to a periodic payment or a lump sum payment referred to in paragraph 26(1)(b) or (2)(b) or subsection 30(3).

"(4) Subsection (2) does not apply to a compensation payment if:

    (a) the recipient has made contributions (for example, by way of insurance premiums) towards the payment; and

    (b) the agreement under which the contributions are made does not provide that the amounts that would otherwise be payable under the agreement are to be reduced or are not payable because the recipient is eligible for or receives the compensation affected pension under this Act.

"(5) Subsection (2) does not apply to any payment of compensation made to a person that was taken into account under Division 5 A of Part II to