77General penalty

77 General penalty Where by any provision of this Act an offence is created and no penalty is expressly provided in respect thereof, every person liable for such offence shall be liable to a penalty of not more than 10 penalty units for a first offence and of not more than 20 penalty units for any subsequent offence against that provision. Pt 3 Divs 11, 12 repealed.[[12]](#endnote-13) Pt 4 (Heading and ss 80–90) amended by Nos 6986 s. 6, 7292 ss 12(1)(2)(f) (g)(h)(i)(3) (c)(d), 13, 14, 8165 s. 15, 8181 s. 2(1)(Sch. item 194), 8353 s. 19, 8733 ss 9(2), 12, 21–23, 9136 s. 2(1)(f), 9297 s. 11(e)–(j), 9372 s. 4(1), 9549 s. 2(1)(Sch. items 260–262), 9613 ss 15, 16, 9902 s. 2(1)(Sch. item 278), 9921 s. 255, 10089 s. 4(1), 10100 ss 13, 14(1)(2), 15, substituted as Pt 4 (Heading and ss 80–84) by No. 10191 s. 267, repealed by No. 50/1994 s. 115. Pt 4A (Heading) inserted by No. 10191 s. 267, amended by No. 29/2006 s. 3(Sch. 1 item 39.2). Part IVA—Certain payments out of the Fund S. 85 substituted by No. 10191 s. 267. 85 Payments out of Fund where employer uninsured (1) This section applies to and in relation to any award of compensation made— (a) under this Act (whether before, on or after the appointed day) or any corresponding previous enactment; (b) in respect of the death incapacity and disablement of a worker or the costs of medical hospital nursing or ambulance services or of cremation or burial; and (c) against an employer whose liability in respect of that death incapacity or disablement or those costs is not or may not be covered or is not fully covered— (i) by a policy of insurance or indemnity in accordance with this Act as in force before the appointed day; or (ii) by the terms of a scheme in respect of which a certificate was before the appointed day in force under this Act. S. 85(2) amended by No. 50/1994 s. 122(a). (2) Where any payment under an award remains unpaid for a period of not less than one month after the due date for payment, the person or the agent of the person in whose favour the award was made may apply to the County Court for payment out of the Fund. S. 85(3) substituted by No. 83/1987 s. 109(7), amended by No. 50/1994 s. 122(b)(i)(ii). (3) The County Court may order that all or any of the payments to be made under the award (whether payable at the date of the order or to become payable after) are to be paid out of the Fund if the County Court is satisfied that— (a) a copy of the award— (i) has been served on the employer; or (ii) has not been served on the employer because the employer cannot be found, is dead or has been wound-up; and (b) the worker has attempted to obtain from the employer reasons for the non-payment of the payment under the award; and (c) the payment under the award has not been made. S. 85(4) repealed by No. 83/1987 s. 109(7). S. 85(4A) inserted by No. 48/1986 s. 34, substituted by No. 50/1994 s. 122(c). (4A) In any proceedings before the County Court or the Administrative Appeals Tribunal in relation to compensation under this Act, the Authority is entitled to appear before the Court or Tribunal (as the case requires) if the Authority believes that as a result of the determination of the proceedings the Fund may become liable for payments under this section. S. 85(5) amended by No. 50/1994 s. 122(d)(i)(ii). (5) Where any amounts are paid out of the Fund pursuant to an order under subsection (3) the Authority shall on behalf of the Fund be entitled— S. 85(5)(a) amended by No. 41/2006 s. 44. (a) to recover— (i) the amounts so paid from the employer in question; or (ii) if it is proved that a valid policy of accident insurance or indemnity was in force at the time of the occurrence of the injury in respect of which the award was made—the amounts so paid, from the insurer, to the extent of the amount which the insurer would but for this section have been liable to pay to the employer under the policy and the balance from the employer— in any court of competent jurisdiction as a civil debt recoverable summarily together with any costs incurred by the Authority in connexion therewith and together with interest thereon at the rate fixed for the time being under section 2 of the **Penalty Interest Rates Act 1983**; and (b) to obtain from the Supreme Court a declaration as to whether or not a valid policy of accident insurance or indemnity was in force at the time of the occurrence of the injury in respect of which the award was made. (6) The rules may make provision for or with respect to the notices to be given by applicants and, generally, the practice and procedure in respect of applications under subsection (2). S. 85(7)(8) repealed by No. 50/1994 s. 122(e). S. 85(9) amended by No. 50/1994 s. 122(f). (9) An employer shall not be indemnified in respect of any moneys recoverable by the Authority from an insurer pursuant to subsection (5)(a)(ii). S. 85(10) amended by No. 50/1994 s. 122(d)(i)(ii). (10) The provisions of this Act relating to the review, redemption, reduction or termination of weekly payments of compensation, the service of notices, contribution from other employers or other persons and the obtaining of medical examinations shall apply in respect of amounts payable out of the Fund under this section as if the Authority were an employer and the amounts were amounts payable by the employer under an award of compensation. Ss 86–90 repealed by No. 10191 s. 267. Pt 5 (Heading) inserted by No. 8733 s. 24(1), substituted by No. 10191 s. 268(1). Part V—Provisions relating to the Accident Compensation Fund and the Insurers Guarantee and Compensation Supplement Fund Pt 5 Div. 1 (Heading) substituted by No. 10191 s. 268(1). Division 1—Transitional and general provisions S. 91 inserted by No. 8733 s. 24(1), substituted by No. 10191 s. 268(2).