Document ID: chunk:federal_register_of_legislation:C2004A02942:body:0:p24
Version: federal_register_of_legislation:C2004A02942
Segment Type: other
Provision Reference: 
Character Range: 57949–60593

a State or of a Territory that provides for the payment of compensation, other than workers' compensation, and is declared by the regulations to be a prescribed law for the purposes of this Act;
     'workers' compensation' means compensation payable to workers under a law of a State or of a Territory for injuries arising out of, or in the course of, their employment.
"(2) If—
(a) an employee recovers prescribed compensation in respect of an injury to the               employee or in respect of the loss of, or damage to, property used by the               employee; or
(b) prescribed compensation is recovered by, or for the benefit of, a dependant               of a deceased employee,
 the succeeding provisions of this section have effect.
"(3) Subject to this section, the compensation that is payable under this Act to the employee in respect of the injury, loss or damage or for the benefit of the dependant in respect of the injury that resulted in the death, as the case may be, is so much (if any) of the compensation under this Act that, but for this section, would be so payable as exceeds the amount of
prescribed compensation recovered by the employee or by, or for the benefit of, the dependant, as the case may be.

"(4) Subject to this section, if, before the recovery of prescribed compensation by or for the benefit of the employee or dependant, compensation under this Act was paid to the employee in respect of the injury, loss or damage or for the benefit of the dependant in respect of the injury that resulted in the death, as the case may be, the employee or dependant is liable to pay to the Commonwealth the amount of the compensation paid under this Act to that employee or for the benefit of that dependant, or, if the amount of the prescribed compensation recovered by the employee or for the benefit of the dependant is less than the amount of the compensation paid under this Act, the amount of that prescribed compensation.
"(5) Where—
(a) a person is liable to pay an amount to the Commonwealth under this  section; and
(b) the Commissioner or any other person holds on behalf of the first- mentioned person—
    (i) moneys being compensation payable under this Act for the benefit, or prescribed compensation payable to, the first-mentioned person; or
    (ii) investments acquired out of moneys of a kind referred to in sub-paragraph (i),
the Commissioner or other person shall deduct from the moneys held by that person, or shall realize the investments held by that person and deduct from the proceeds of the realization, an amount not exceeding the amount that the first-mentioned person is liable to