Document ID: chunk:federal_register_of_legislation:C2004A01206:clause:2_39
Version: federal_register_of_legislation:C2004A01206
Segment Type: clause
Provision Reference: sch 2 cl 39
Character Range: 65510–66643

39  Subsection 41(3)
Repeal the subsection, substitute:

 (3) The amount overpaid is a debt due to the Commonwealth by the liable person. For this purpose the liable person is:
 (a) if the indemnity scheme payment was an IBNR indemnity or a high cost claim indemnity—the MDO or insurer to which the payment was made; or
 (b) if the indemnity scheme payment was an exceptional claims indemnity—the person who is the liable person under subsection 34R(2).

Note 1: Paragraph (b)—if the exceptional claims indemnity is or was not dealt with in accordance with whichever of subsections 34Q(3) and (4) applies by the time required by subsection 34Q(5), the whole amount of the indemnity is a debt owed by the recipient, and no amount is recoverable under this section (see subsections 34Q(6) to (8)).

Note 2: Paragraph (b)—if:

(a) the recipient and the practitioner referred to in subsection 34Q(1) are not the same person; and

(b) the practitioner becomes the liable person;

 then (subject to subsection 34R(3)), the recipient ceases to be the liable person, and the amount overpaid must instead be recovered from the practitioner.