Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p11
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 11/35)
Character Range: 64298–67059

a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

Commission may send recovery notice to compensation payer

"59ZA.(1) If:

    (a) a compensation payer:

        (i) is liable to pay compensation to a person for a disease, injury or condition of the person; or

        (ii) has determined that a payment by way of compensation is to be made to a person in respect of a disease, injury or condition of the person; and

    (b) the person receives or claims a compensation affected pension for the periodic payments period or the lump sum preclusion period;

the Commission may give written notice to the compensation payer that the Commission proposes to recover the amount specified in the notice from the compensation payer.

    Note: For 'compensation payer' see section 5NB.

"(2) If a compensation payer is given notice under subsection (1), the compensation payer is liable to pay to the Commonwealth the amount specified in the notice.

"(3) The amount specified in the notice is the recoverable amount and is worked out under subsections (4) and (5).

"(4) If:

    (a) the person claiming compensation is not a member of a couple; or

    (b) the person claiming compensation is a member of a couple and the person's partner neither receives nor claims:

        (i) a compensation affected pension; or

        (ii) a compensation affected payment (under the Social Security Act);

for the periodic payments period or the lump sum preclusion period;

the recoverable amount is equal to the smallest of the following amounts:

    (c) the sum of the pension payments, or (if the person's pension has a dependent child component) of the compensation affected components of the pension payments, made to the person for the periodic payments period or the lump sum preclusion period;

    (d) the compensation part of the lump sum payment or the sum of the amounts of the periodic compensation payments;

    (e) the maximum amount that the compensation payer is liable to pay to the person in relation to the matter at any time after receiving:

        (i) a preliminary notice under section 59Y in relation to the matter; or

        (ii) if the compensation payer has not received a preliminary notice—the recovery notice under this section in relation to the matter.

"(5) If:

    (a) the person claiming compensation is a member of a couple; and

    (b) the person's partner receives or claims a compensation affected pension, or a compensation