5Transfer of liabilities to Comcare

5 Transfer of liabilities to Comcare

Claims against Commonwealth or authority on or before commencement (1) If an asbestos‑related claim was made against the Commonwealth or a Commonwealth authority on or before the commencement of this Part then, on the commencement of this Part: (a) a liability of the Commonwealth or the authority that relates to the claim ceases to be a liability of the Commonwealth or the authority and becomes a liability of Comcare; and (b) Comcare becomes the successor in law in relation to the liability. Claims against Commonwealth or authority after commencement (2) If an asbestos‑related claim is made against the Commonwealth or a Commonwealth authority after the commencement of this Part then, at the time the claim is made: (a) a liability of the Commonwealth or the authority that relates to the claim ceases to be a liability of the Commonwealth or the authority and becomes a liability of Comcare; and (b) Comcare becomes the successor in law in relation to the liability. Claims against Comcare on or after commencement (3) If, on or after the commencement of this Part, a person could make an asbestos‑related claim against the Commonwealth or a Commonwealth authority then: (a) the person may make the claim against Comcare; and (b) if the person makes the claim against Comcare—at the time the claim is made: (i) a liability of the Commonwealth or the authority that relates to the claim ceases to be a liability of the Commonwealth or the authority and becomes a liability of Comcare; and (ii) Comcare becomes the successor in law in relation to the liability.