130Recovery by Nominal Insurer from employer, &c.

### 130 Recovery by Nominal Insurer from employer, &c. > *\[Section 130 Amended by No. 43 of 1993, s. 25 \]*[*\[Section 130 Substituted by No. 99 of 2000, s. 67, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS67@EN) > > > (1)  An amount that is paid by the Nominal Insurer in satisfaction of a claim, or an order made or judgment obtained, against the Nominal Insurer under this Act, together with its costs, either as agreed or as taxed between party and party, may be recovered by the Nominal Insurer as a debt due to it by action in a court of competent jurisdiction against – > > > > > > (a) the employer, at the date on which the injury was sustained, of the worker by or on behalf of whom, or by or on behalf of whose dependants, the claim or order was made or the proceedings were instituted, except where the employer had, at all relevant times, maintained with a licensed insurer a policy of insurance or indemnity under [section 97](#GS97@EN) ; or > > > > > > > (b) the licensed insurer from which that employer obtained a policy of insurance that was in force on the date when the injury, by reason of which the claim or order arose or in respect of which the judgment was obtained, was sustained; or > > > > > > > (c) any person against whom that employer or licensed insurer has or had at any time a right of indemnity or contribution, whether under this Act or any other Act or at common law in respect of the relevant injury; or > > > > > > > (d) any person liable to pay compensation to the worker in respect of the relevant injury under [section 29](#GS29@EN) . > > > (2)  A person from whom a sum is recoverable by the Nominal Insurer under [subsection (1)](#GS130@Gs1@EN) has the same rights of indemnity or contribution in respect of that sum as that person would have had if he or she had paid the amount referred to in that subsection. > > > (3)  Subject to [subsection (4)](#GS130@Gs4@EN) , where the Nominal Insurer pays an amount under this Act arising out of an employer's failure to comply with [section 97(1)](#GS97@Gs1@EN) , the employer is liable to pay to the Nominal Insurer, in addition to any other debts due under this Part, an amount equal to the total of any insurance premiums which the Nominal Insurer is satisfied the employer has, at any time during the period of 5 years before the payment was made, avoided by failing to comply with [section 97(1)](#GS97@Gs1@EN) . > > > (4)  Where an employer pays an amount to the Board under [section 97(10)](#GS97@Gs10@EN)  – > > > > > > (a) no further amount is recoverable from the employer by the Nominal Insurer under [subsection (3)](#GS130@Gs3@EN) ; and > > > > > > > (b) if the Nominal Insurer has a right of recovery against the employer under [subsection (1)](#GS130@Gs1@EN) , the Board is to pay to the Nominal Insurer the amount paid by the employer. > > > (5)  An employer must pay an amount payable under [subsection (3)](#GS130@Gs3@EN) within such period as the Nominal Insurer determines. > > > > Penalty:  Fine not exceeding 100 penalty units. > > > (6)  If an employer fails to pay the amount within the period determined, that amount together with interest calculated at the rate referred to in [section 92](#GS92@EN) [(2)](#GS92@Gs2@EN) [(b)](#GS92@Gs2@Hpb@EN) may be recovered by the Nominal Insurer as a debt due to it in any court of competent jurisdiction.