Document ID: chunk:federal_register_of_legislation:C2004A00783:clause:1_11
Version: federal_register_of_legislation:C2004A00783
Segment Type: clause
Provision Reference: sch 1 cl 11
Character Range: 5264–6172

11  Subsection 59ZD(1)
Repeal the subsection, substitute:

 (1) If a compensation payer has been given a preliminary notice under section 59Y or a recovery notice under section 59ZA in relation to the payment of compensation to a person, the compensation payer must not make the compensation payment to the person.

Penalty: Imprisonment for 12 months.

 (1A) Subsection (1) does not apply if:
 (a) in the case of a preliminary notice—the Commission has given the compensation payer written notice that the preliminary notice is revoked; or
 (b) in the case of a recovery notice—the compensation payer has paid to the Commonwealth the amount specified in the notice; or
 (c) the Commission has given the compensation payer written permission to pay the compensation.

Note: The defendant bears an evidential burden in relation to the matters in subsection (1A). See subsection 13.3(3) of the Criminal Code.