173Commissioner may seek to recover certain amounts from culpable manufacturers and suppliers

173 Commissioner may seek to recover certain amounts from culpable manufacturers and suppliers

(1)  This section applies in relation to a person who has a compensable disease if the Commissioner has paid any compensation under this Act in relation to the person or a member of the family of the person.

(2)  If this section applies in relation to a person who has a compensable disease, the Commissioner may, in a court of competent jurisdiction, recover from a culpable manufacturer in relation to the person, or a culpable supplier in relation to the person, the relevant amounts in relation to the person.

(3)  The Commissioner may not recover under this section all or part of a relevant amount in relation to a person who has a compensable disease if an order has been made under this section that another person is required to pay to the Commissioner the relevant amount.

(3A)  [Section 173 Subsection (3A) inserted by No. 12 of 2024, s. 14, Applied:05 Sep 2024] In addition to subsection (3) , the Commissioner may also not recover under this section such part of a relevant amount in relation to a person who has a compensable disease if –

(a) the Commissioner has paid the relevant amount to the person, or a member of the family of the person, in accordance with this Act; and

(b) the amount has been incorrectly calculated; and

(c) the person or a member of the family of the person is not, either directly or indirectly, the cause of the incorrect calculation.

(4)  The Commissioner, before attempting to recover under this section the relevant amounts in relation to a person who has a compensable disease, is to consider whether –

(a) the action to recover the amount is likely to be successful and, if so, whether the amount that may be recovered justifies taking the action; and

(b) it is in the public interest to take the action by virtue of the conduct of the culpable manufacturer or culpable supplier, as the case may be.

(5)  For the purposes of this section, an amount is taken to be a relevant amount in relation to a person and to have been paid by the Commissioner if the Commissioner lodges, with the court in which the claim for recovery of the amount is made, a copy of a record, made by the Commissioner, of the payment by the Commissioner of the amount in relation to the person.