33Determination of whether sufficient funds

#### 33 Determination of whether sufficient funds 33 Determination of whether sufficient funds > > (1) In determining whether or not there are or will be sufficient funds for the payment of payable liabilities of a liable entity, regard is to be had to the amount of funding that is or will be available for the payment of such liabilities from any of the compensation funds (including funds available under an authorised loan facility) as well as from the funds of the entity itself. > > > (2) Without limiting subsection (1), regard is to be had to the amount of funding that is or will be available from the pooling of funds under an arrangement referred to in section 24 (2) (a). > > > (3) For the purposes of subsection (1), the amount of funding that is or will be available for payments to be made directly from any of the compensation funds by the SPF trustee that will operate to discharge the liability of a liable entity to a claimant is to be taken into account. > > **s 33:** Am 2006 No 108, Sch 1 \[13\] \[14\]; 2009 No 116, Sch 1 \[11\] \[12\].