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Agents Financial Administration Act 2014
sec.115Chief executive may make special payment
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### sec.115 Chief executive may make special payment
The chief executive may make a payment from the fund to an account (a special payment ) if—
a direction has been given under section 42 for the account because the chief executive believes conduct mentioned in section 42 (1) has occurred; and
the chief executive is satisfied—
there are, or is likely to be, a significant number of claims against the fund as a result of the alleged conduct; and
an immediate special payment to the account is necessary to substantially mitigate loss to the fund.
The amount of the special payment must not exceed the amount the chief executive believes has been stolen, misappropriated or misapplied under section 42 .
(sec.115-ssec.1) The chief executive may make a payment from the fund to an account (a special payment ) if— a direction has been given under section 42 for the account because the chief executive believes conduct mentioned in section 42 (1) has occurred; and the chief executive is satisfied— there are, or is likely to be, a significant number of claims against the fund as a result of the alleged conduct; and an immediate special payment to the account is necessary to substantially mitigate loss to the fund.
(sec.115-ssec.2) The amount of the special payment must not exceed the amount the chief executive believes has been stolen, misappropriated or misapplied under section 42 .
- (a) a direction has been given under section 42 for the account because the chief executive believes conduct mentioned in section 42 (1) has occurred; and
- (b) the chief executive is satisfied— (i) there are, or is likely to be, a significant number of claims against the fund as a result of the alleged conduct; and (iii) an immediate special payment to the account is necessary to substantially mitigate loss to the fund.
- (i) there are, or is likely to be, a significant number of claims against the fund as a result of the alleged conduct; and
- (iii) an immediate special payment to the account is necessary to substantially mitigate loss to the fund.
- (i) there are, or is likely to be, a significant number of claims against the fund as a result of the alleged conduct; and
- (iii) an immediate special payment to the account is necessary to substantially mitigate loss to the fund.