Document ID: chunk:federal_register_of_legislation:F2024C01017:clause:1_7a
Version: federal_register_of_legislation:F2024C01017
Segment Type: clause
Provision Reference: sch 1 cl 7A
Character Range: 8531–10534

7A  Payment by nominal defendant
 (1) If the nominal defendant is an approved insurer, the nominal defendant may recover from the other approved insurers (if any) and the Commonwealth a proportion of:
 (a) any amount paid in satisfaction of a claim made or judgment recovered against the nominal defendant; and
 (b) the amount of any costs or expenses incurred by the nominal defendant in relation to the claim or the proceedings in which the judgment was obtained; and
 (c) any amount necessary from time to time to meet costs and expenses incurred in the exercise of the functions of the nominal defendant.
 (2) If the nominal defendant is the Administrator, the nominal defendant may recover from the approved insurer or insurers a proportion of:
 (a) any amount paid in satisfaction of a claim made or judgment recovered against the nominal defendant; and
 (b) the amount of any costs or expenses incurred by the nominal defendant in relation to the claim or the proceedings in which the judgment was obtained; and
 (c) any amount necessary from time to time to meet costs and expenses incurred in the exercise of the functions of the nominal defendant.
 (3) The Minister must determine the proportion of any amounts mentioned in subsection (1) or (2) payable by each approved insurer and the Commonwealth.
 (4) In making a determination under subsection (3), the Minister must have regard, so far as practicable, to:
 (a) the premiums received by each approved insurer, during a period chosen by the Minister for the purpose; and
 (b) the premiums that would have been payable for Commonwealth motor vehicles during the period if they had been insured under this Act.
 (5) After making a determination under subsection (3), the Minister must tell each approved insurer, in writing:
 (a) the amount the insurer must pay to the nominal defendant under the determination; and
 (b) the time within which the insurer must pay that amount to the nominal defendant.

[13]  Section 8A, heading
substitute