36If diagnosis of imminently fatal asbestos-related disease occurs before commencement day

36 If diagnosis of imminently fatal asbestos-related disease occurs before commencement day

(1)  Subsection (3) applies to a person who has a compensable disease if, before the commencement day, a medical specialist has given to the person a medical certificate certifying that the person has an imminently fatal asbestos-related disease.

(2)  However, subsection (1) does not apply to a medical certificate if the diagnosis or prognosis included in the certificate is incorrect.

(3)  A person to whom this subsection applies may only make an application for compensation if the application is made within –

(a) 12 months after the commencement day; or

(b) a period, if any, determined by the Commissioner or the Tribunal under section 40 , that ends after the 12-month period.