Document ID: chunk:federal_register_of_legislation:C2004A03415:body:0:p46
Version: federal_register_of_legislation:C2004A03415
Segment Type: other
Provision Reference: 
Character Range: 113934–116540

that the proportion of the property to which a claim relates that is represented by the money and other property received from all sources (including the Fund) as compensation for property to which the claim relates is, as nearly as practicable, the same for each of those claimants.
"(5) Where a determination of an amount as the maximum amount in relation to a claim is in force under subsection (4), the amount, or the total of the amounts, paid out of the Fund in connection with the claim shall not exceed the first-mentioned amount.
"(6) In this section, 'claim' means a claim under this Division.

Making of claims
"122x. (1) The Corporation may cause to be published in a daily newspaper circulating generally in the Territory (and if, in any State or other Territory, that newspaper does not circulate generally, in a newspaper that does so circulate in that State or other Territory) a notice in the prescribed form specifying a day, not being earlier than 3 months after the publication of the notice, on or before which claims against the Corporation may be made, being claims that, by reason of a dealer specified in the notice having become insolvent, this Division entitles persons to make.
"(2) Where, by reason of a dealer having become insolvent on a particular day, this Division entitles a person to make a claim, the claim shall be in writing and shall be served on the Corporation:
     (a) in a case where there has been published in accordance with subsection (1) a notice specifying a day on or before which claims may be made, being claims that, by reason of the dealer having become insolvent on that day, this Division entitles persons to make—on or before that day; or
     (b) in any other case—within 6 months after the person becomes aware of the dealer having become insolvent on that day.
"(3) A claim that is not made in accordance with subsection (2) is barred unless the Board otherwise determines.
"(4) It is a defence to an action for damages against the Corporation, a member of the Board, or an employee of, or a person acting on behalf of, the Corporation, in respect of the publication of a notice under subsection (1), if the defendant establishes that the notice was published in good faith and for the purposes of this section.

"Division 8—Claims under Divisions 6 and 7

Power of Corporation to allow and settle claim
"122ya. Subject to this Part, the Corporation may, at any time after a person becomes entitled to make a claim, allow and settle the claim.

Successful claimant entitled to costs and disbursements
"122yb. Where a claim is allowed, then, in