164BContributions by employers

164B Contributions by employers (1) The Minister may determine that all employers are required to make contributions to the Fund. (2) If the Minister makes a determination under subsection (1), each employer must contribute to the Fund an amount that is equal to a percentage, determined by the Minister, of: (a) in the case of an employer who holds a policy of insurance or indemnity under section 126(1): (i) the premium payable by the employer in accordance with the policy; or (ii) the total amount of wages payable by the employer in relation to the policy as included in the statement given under section 130; and (b) in the case of an employer who is a self-insurer: (i) if the Minister makes a determination under paragraph (a)(i) – the premium that would have been payable by the employer if he or she were the holder of a policy of insurance or indemnity under section 126(1); or (ii) if the Minister makes a determination under paragraph (a)(ii) – the total amount of wages that would, if the employer were the holder of a policy of insurance or indemnity under section 126(1), have been included in a statement given under section 130 in relation to the policy. (3) Before making a determination under subsection (1), the Minister may decide that for the purposes of the determination the Territory is taken to be an employer approved under section 120 to self- insure. (4) The Minister must cause to be published in the Gazette a notice of the determination made under subsection (1) containing the following particulars: (a) the amount each employer must contribute to the Fund, expressed as the percentage determined by the Minister under subsection (2)(a)(i) and (b)(i) or under subsection (2)(a)(ii) and (b)(ii); (b) the date on which the determination comes into force;

Return to Work Act 1986 137 (c) if the Minister has made a decision under subsection (3) – a statement that for the purposes of the determination the Territory is taken to be an employer approved under section 120 to self-insure; (d) if the contributions required by the determination are for the purpose of discharging a particular liability: (i) a brief description of that liability; and (ii) a statement that the contributions are required only until such time as that liability is discharged. (5) The Minister, by notice in the Gazette: (a) may vary or revoke a determination under this section; and (b) if a determination requires contributions for the purpose of discharging a particular liability – must revoke the determination when that liability is discharged. (6) While a determination under this section is in force, a policyholder must pay to his or her approved insurer the required contribution on or before any of the following dates that are applicable in the circumstances: (a) the date on which the premium is payable under the policy; (b) if the policyholder pays an amount of premium before the date on which the policy is issued or renewed – the date on which that amount is paid; (c) if the policyholder is required to pay an additional amount of premium as a result of an adjustment of the premium payable under the policy – the date on which that amount is payable. (7) If an approved insurer refunds to a policyholder an amount of premium in respect of which the policyholder has paid the required contribution: (a) the insurer must refund to the policyholder an amount of the required contribution that is proportionate to the amount of premium refunded; and (b) may apply in writing to the Nominal Insurer for repayment of the amount refunded under paragraph (a), giving full particulars of the refund.