Document ID: chunk:federal_register_of_legislation:C2004A00783:clause:1_12
Version: federal_register_of_legislation:C2004A00783
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 6172–7084

12  Subsection 59ZJ(1)
Repeal the subsection, substitute:

 (1) If an insurer has been given a preliminary notice under section 59ZE or a recovery notice under section 59ZG in relation to the insurer's liability to make a payment indemnifying a compensation payer, the insurer must not make the payment to the compensation payer.

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 insurer written notice that the preliminary notice is revoked; or
 (b) in the case of a recovery notice—the insurer has paid to the Commonwealth the amount specified in the notice; or
 (c) the Commission has given the insurer written permission to make the payment to the compensation payer.

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