137Liability of the Transport Accident Commission

137 Liability of the Transport Accident Commission

S. 137(1) amended by Nos 111/1986
s. 180(3) (Sch. 2 item 3(d)(i) (ii)), 67/1992

(1) Where—

S. 137(1)(a) amended by Nos 83/1987
s. 75, 67/1992 s. 64(7)(c).

(a) the Authority, a self-insurer or an employer is required under this Act to pay an amount of compensation in respect of the death or injury of a worker (being death or injury that was caused by or arose out of the use of a motor car before the commencement of section 34 of the Transport Accident Act 1986); and

S. 137(1)(b) amended by No. 111/1986
s. 180(3) (Sch. 2 item 3(d)(i)(ii)).

(b) the Transport Accident Commission would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make payments in respect of the death or injury under the Transport Accident Act 1986—

the Transport Accident Commission shall, notwithstanding anything to the contrary in the Transport Accident Act 1986, be liable to make payment to the Authority, self-insurer or employer in accordance with subsection (2).

S. 137(2) amended by No. 111/1986
s. 180(3) (Sch. 2 item 3(d)(iii)).

(2) The total amount of any payment to be made under subsection (1) by the Transport Accident Commission in respect of an injury or death shall be an amount equal to—

S. 137(2)(a) amended by Nos 111/1986
s. 180(3) (Sch. 2 item 3(d)(iv)), 64/1989
s. 35(j).

(a) the amount of compensation payable under Division 2 (except sections 98 and 99) of Part IV less the amount of any payment in respect of that injury or death made under section 15A of the Motor Accident Act 1973 or section 138 of the Transport Accident Act 1986;

S. 137(2)(b) amended by No. 111/1986
s. 180(3) (Sch. 2 item 3(d)(v)).

(b) the total amount of the payments which the Transport Accident Commission would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make under section 141, 142 or 143 of the Transport Accident Act 1986 in respect of that death or injury; or

(c) $20 800—

S. 137(3) amended by Nos 111/1986
s. 180(3) (Sch. 2 item 3(d)(vi)), 67/1992

(3) The Transport Accident Commission is not liable to make a payment under subsection (1) to the Authority, a self-insurer or an employer in respect of an amount of compensation if the Authority, the self-insurer or the employer has not made a claim to the Transport Accident Commission within three months after the Authority, the self‑insurer or the employer paid the amount of compensation.