168Disputed rental bond claims

168 Disputed rental bond claims

168 Disputed rental bond claims

(1) This section applies if the Secretary is notified in writing within the claim notice period or before payment of a claim for a rental bond that a claim for the payment of an amount of rental bond is the subject of proceedings before the Tribunal or a court.

(2) The Secretary may pay the claim only in the following circumstances—

(a) if the party who disputes the claim gives the Secretary written notice of the party’s consent to payment of the claim,

(b) in accordance with an order of the Tribunal or court,

(c) if any applicable order of the Tribunal or court has been satisfied,

(d) if the proceedings are withdrawn.

(3) If any applicable order of the Tribunal or a court has been wholly or partly satisfied before a claim for an amount of rental bond is paid, any amount of rental bond no longer required to satisfy the order must be paid to the party who would, but for the claim, be entitled to the amount.

(4) The Secretary must not pay an amount of a claim until proceedings affecting the claim are finally determined if, before any amount is paid, the Secretary is given written notice of an appeal against a relevant decision of the Tribunal or a court.

(5) A payment by the Secretary of an amount under this section in accordance with an order of the Tribunal or a court is for all purposes taken to be a payment by the person subject to the order.