97QRefund of premiums to former Commonwealth authorities

97Q Refund of premiums to former Commonwealth authorities

(1) If: (a) a body corporate ceases to be a Commonwealth authority at a particular time (the cessation time); and (b) the body corporate continues in existence; and (c) the amount that represents so much of available scheme funds as is attributable to: (i) premiums paid by the body corporate before the cessation time; and (ii) special premiums paid by the body corporate before the cessation time; and (iii) interest earned on the premiums and special premiums referred to in subparagraphs (i) and (ii); exceeds Comcare’s liability (if any) under this Act (including liability under actions for non‑economic loss), in respect of injuries suffered before the cessation time: (iv) if the body corporate did not hold a licence in force under Part VIII—by employees of the body corporate; and (v) if the body corporate held such a licence—by employees of the body corporate in respect of whom the body corporate was not authorised to accept liability; Comcare may make a determination that an amount equal to the excess is payable to the body corporate by way of a refund of premiums paid to Comcare by the body corporate. (2) The amount is to be paid by Comcare within 28 days after the determination is made. (2A) A determination under subsection (1) may only be made during the 7‑year period beginning at the cessation time. (3) For the purposes of paragraph (1)(c): (a) liability includes prospective liability; and (b) assume that Comcare’s liability is not contingent on: (i) the making of a claim for compensation; or (ii) the giving of a notice under section 53.