367Liability of Transport Accident Commission

367 Liability of Transport Accident Commission (a) the Authority is required under this Act to pay an amount of compensation in respect of the death or injury of a worker arising out of a transport accident within the meaning of section 3 of the **Transport Accident Act 1986**; and (b) the Transport Accident Commission would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make payments in respect of that death or injury under the **Transport Accident Act 1986**— the Transport Accident Commission, despite anything to the contrary in the **Transport Accident Act 1986**, is liable to make payment to the Authority of an amount equal to the total amount of compensation paid or payable under this Act and any amount paid or payable under an award of damages or in a settlement of a claim or action for damages in respect of that death or injury. (a) a self-insurer has appointed the Transport Accident Commission to be its agent under section 392; and (b) the self-insurer is required under this Act to pay an amount of compensation in respect of the death or injury of a worker arising out of a transport accident within the meaning of section 3 of the **Transport Accident Act 1986**; and (c) the Transport Accident Commission would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make payments in respect of that death or injury under the **Transport Accident Act 1986**— the Transport Accident Commission, despite anything to the contrary in the **Transport Accident Act 1986**, is liable to make payment to the self-insurer of an amount equal to the total amount of compensation paid under this Act in respect of that death or injury, less an amount equal to the employer's excess that would be applicable under section 72 if the self-insurer were not a self-insurer. (3) The Transport Accident Fund under the **Transport Accident Act 1986** may be applied for the purpose of making any payment which the Transport Accident Commission is liable to make under this section.