114Person not to receive statutory compensation under more than one Act

114 Person not to receive statutory compensation under more than one Act

(1)  Compensation under this Act is not payable, in respect of a person who has an asbestos-related disease, to the extent that compensation has been received in relation to that disease under –

(a) an enactment of a place other than this State; or

(b) the Workers Rehabilitation and Compensation Act 1988 ; or

(c) the Workers' Compensation Act 1927 .

(2)  If a person receives compensation under this Act in relation to an asbestos-related disease and, in relation to the same disease, subsequently receives compensation under an enactment of a place other than this State –

(a) the amount described in subsection (3) is a debt due and payable to the Commissioner; and

(b) the Commissioner may, in a court of competent jurisdiction, sue and recover the amount from the person.

(3)  The amount that is recoverable under subsection (2) in relation to the asbestos-related disease referred to in that subsection is the lesser of the following:

(a) an amount equivalent to the amount of compensation by way of one or more lump sums paid under this Act in relation to the asbestos-related disease;

(b) an amount equivalent to the amount of compensation received in relation to the asbestos-related disease under the enactment of a place other than this State.

(4)  Expenses of the kind referred to in Part 11 that relate toa person who has an asbestos-related diseaseare not payable under this Act to the extent that those expenses have been paid under –

(a) an enactment of a place other than this State; or

(b) the Workers Rehabilitation and Compensation Act 1988 ; or

(c) the .