80Provisions applicable on death of beneficiary

80  Provisions applicable on death of beneficiary

 (1) Subject to this section, if a determination is made that an amount of compensation is payable under the scheme to a person and the person dies before the amount is paid, the amount forms part of the estate of the person.

 (2) Subject to subsections (3), (4) and (5), if Comcare holds any money or investments for the benefit of a person under this instrument and the person dies, that money or those investments form part of the estate of the person.

 (3) If a person referred to in subsection (1) dies intestate and there is no other person apparently entitled to claim the estate (including that amount of compensation) of the person, subsection (1) does not apply and, subject to subsection (5), if the amount of compensation is held by Comcare, Comcare must pay the amount to the Commonwealth.

 (4) If a person referred to in subsection (2) dies intestate and there is no other person apparently entitled to claim the estate (including that money or those investments) of the person, subsection (2) does not apply and, subject to subsection (5), Comcare must pay the money, or realise the investments and pay the proceeds of the realisation, as the case may be, to the Commonwealth.

 (5) Nothing in this section prevents Comcare from rendering any provision of this section inoperative in a particular case by making a decision under section 69.