QLDIn ForceAct
Agents Financial Administration Act 2014
sec.112Payment of claims
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### sec.112 Payment of claims
If a claim is allowed under section 100 or 105 or on a review of the chief executive’s decision, the chief executive must authorise payment from the fund in the amount decided by the chief executive or QCAT.
A payment under subsection (1) —
must not be made—
for a claim decided by the chief executive—until the end of the period allowed for review of the chief executive’s decision and, if a review is applied for, until the review and any appeal is finally decided; or
otherwise—until the end of the period allowed for appeal and, if an appeal is made, until the appeal is finally decided; and
is taken to be in full settlement of the claim against the fund.
Subsection (4) applies if the chief executive is satisfied all or part of the amount of the claim relates to an amount the agent has failed to pay to a relevant government agency on behalf of a client.
The chief executive may make all or part of the payment directly to the relevant government agency instead of to the claimant.
This section is subject to section 113 .
In this section—
relevant government agency means a government entity under the Public Sector Act 2022 , section 276 .
s 112 amd 2022 No. 34 s 365 sch 3
(sec.112-ssec.1) If a claim is allowed under section 100 or 105 or on a review of the chief executive’s decision, the chief executive must authorise payment from the fund in the amount decided by the chief executive or QCAT.
(sec.112-ssec.2) A payment under subsection (1) — must not be made— for a claim decided by the chief executive—until the end of the period allowed for review of the chief executive’s decision and, if a review is applied for, until the review and any appeal is finally decided; or otherwise—until the end of the period allowed for appeal and, if an appeal is made, until the appeal is finally decided; and is taken to be in full settlement of the claim against the fund.
(sec.112-ssec.3) Subsection (4) applies if the chief executive is satisfied all or part of the amount of the claim relates to an amount the agent has failed to pay to a relevant government agency on behalf of a client.
(sec.112-ssec.4) The chief executive may make all or part of the payment directly to the relevant government agency instead of to the claimant.
(sec.112-ssec.5) This section is subject to section 113 .
(sec.112-ssec.6) In this section— relevant government agency means a government entity under the Public Sector Act 2022 , section 276 .
- (a) must not be made— (i) for a claim decided by the chief executive—until the end of the period allowed for review of the chief executive’s decision and, if a review is applied for, until the review and any appeal is finally decided; or (ii) otherwise—until the end of the period allowed for appeal and, if an appeal is made, until the appeal is finally decided; and
- (i) for a claim decided by the chief executive—until the end of the period allowed for review of the chief executive’s decision and, if a review is applied for, until the review and any appeal is finally decided; or
- (ii) otherwise—until the end of the period allowed for appeal and, if an appeal is made, until the appeal is finally decided; and
- (b) is taken to be in full settlement of the claim against the fund.
- (i) for a claim decided by the chief executive—until the end of the period allowed for review of the chief executive’s decision and, if a review is applied for, until the review and any appeal is finally decided; or
- (ii) otherwise—until the end of the period allowed for appeal and, if an appeal is made, until the appeal is finally decided; and