128Payments to Nominal Insurer

### 128 Payments to Nominal Insurer > > (1)  *\[Section 128 Subsection (1) omitted by No. 43 of 1993, s. 24 \]*.  .  .  .  .  .  .  .   > > > (2)  *\[Section 128 Subsection (2) amended by No. 27 of 1993, s. 35 and Sched. 3 \]**\[Section 128 Subsection (2) amended by No. 43 of 1993, s. 24 \]*In order to ensure that there is sufficient money in the Nominal Insurer Fund to enable payments to be made under [section 127A](#GS127A@EN) [(3)](#GS127A@Gs3@EN) [(a)](#GS127A@Gs3@Hpa@EN) , licensed insurers and self-insurers must pay to the Nominal Insurer amounts of money in such proportion as the Nominal Insurer may from time to time determine having regard to, so far as is practicable – > > > > > > (a) in the case of licensed insurers, the premium income in respect of policies of insurance under this Act received by each licensed insurer during the preceding financial year; and > > > > > > > (b) in the case of self-insurers, the premium that has been determined by the Board for the purposes of [the definition of ***notional premium payments***](#GS144@Gs1@Nd74@EN) in [section 144](#GS144@EN) [(1)](#GS144@Gs1@EN) . > > > (3)  *\[Section 128 Subsection (3) substituted by No. 43 of 1993, s. 24 \]*Licensed insurers and self-insurers must pay to the Nominal Insurer, in such proportion as the Nominal Insurer determines under [subsection (2)](#GS128@Gs2@EN) , such additional amounts as the Nominal Insurer may require from time to time to enable the Nominal Insurer to meet any costs and expenses incurred by the Nominal Insurer in or in connection with the performance or exercise of the powers and functions imposed or conferred on the Nominal Insurer by or under this Act. > > > (4)  For the purpose of making a determination under [subsection (2)](#GS128@Gs2@EN) , the Nominal Insurer may rely upon information that is required under the regulations to be provided to the Nominal Insurer by licensed insurers and self-insurers for the purpose of enabling such a determination to be made. > > > (5)  *\[Section 128 Subsection (5) amended by No. 43 of 1993, s. 24 \]*When the Nominal Insurer makes a determination under [subsection (2)](#GS128@Gs2@EN) , it shall give notice to each licensed insurer and self-insurer of the sum it has determined as being payable by that licensed insurer or self-insurer and shall, in that notice, require the licensed insurer or self-insurer to pay that sum to the Nominal Insurer within such time as is specified in that behalf in the notice. > > > (6)  If a licensed insurer or self-insurer fails to pay to the Nominal Insurer the sum specified in a notice given to the licensed insurer or self-insurer pursuant to [subsection (5)](#GS128@Gs5@EN) within the time specified in that behalf in the notice, the licensed insurer or self-insurer is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units. > > > (7)  Where a licensed insurer or self-insurer is convicted of an offence against this section the court by whom the licensed insurer or self-insurer is convicted may, in addition to imposing a penalty for the offence, order the licensed insurer or self-insurer to pay to the Nominal Insurer the sum in respect of the non-payment of which the offence was committed, or such portion of that sum as may remain unpaid at the date of the conviction. > > > (8)  An order under [subsection (7)](#GS128@Gs7@EN) for the payment of a sum to the Nominal Insurer may be enforced in the same manner as a summary conviction or order under the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) for the payment of a sum of money, and the provisions of that Act, with the necessary adaptations, apply to such an order accordingly.