Commonwealth Numbered Acts

COMMONWEALTH EMPLOYMENT (MISCELLANEOUS AMENDMENTS) ACT 1992 No. 95 of 1992 - SECT 18

18. After section 90 of the Principal Act the following sections are inserted:
How premiums collected by Comcare are to be dealt with

"90A.(1) Any premium collected by Comcare under paragraph 69(ea) is to be paid
into a bank account kept by Comcare under section 63J of the Audit Act  1901
as it applies to Comcare by section 90 of this Act but an amount equal to that
premium is to be paid by Comcare to the Commonwealth within 7 days after the
day on which the premium is collected by Comcare.

"(2) Transactions referred to in subsection (1) are to be shown in the
accounts and records kept by Comcare under section 63K of the Audit Act 1901
as it applies to Comcare by section 90 of this Act.

"(3) Any amount paid by Comcare to the Commonwealth under subsection (1) in
respect of a premium collected by Comcare is taken, for the purposes of this
Act, to constitute payment of the premium into the Consolidated Revenue Fund.
Payments to Comcare in respect of liabilities under Part X

"90B. There are payable to Comcare, out of the Consolidated Revenue Fund, such
amounts as are necessary:

   (a)  to enable Comcare to discharge any liability that is taken, by section
        128, to have been incurred by Comcare and has not been discharged
        before the commencement of this section; and

   (b)  to meet any administrative expenses incurred by Comcare after the
        commencement of this section that are attributable to the performance
        by Comcare of its functions in respect of claims for injury, loss or
        damage suffered by, or for the death of, employees before the
        commencement of Part X. Payments to Comcare in respect of other
        liabilities

"90C.(1) Subject to this section, there are payable to Comcare, out of the
Consolidated Revenue Fund, such amounts as are necessary:

   (a)  to enable Comcare to discharge:

        (i)    any liability (other than a liability referred to in paragraph
               90B(a)) that was incurred by Comcare or the previous Commission
               under this Act before the commencement of this section and has
               not been discharged before that commencement; and

        (ii)   any liability that Comcare incurs under this Act after that
               commencement; and

   (b)  to meet any administrative expenses incurred by Comcare after that
        commencement that are attributable to the performance by Comcare of
        its functions in respect of claims for injury, loss or damage suffered
        by, or for the death of, employees on or after 1 July 1989.

"(2) A payment ('the relevant payment') is not to be made to Comcare under
subsection (1) if the sum of the amount of the relevant payment and the
amounts previously paid to Comcare or the previous Commission on or after 1
July 1989 for the purposes of the performance of their functions under this
Act would exceed an amount worked out in accordance with the formula:
Premiums received + Notional interest - Previous payments where:
'Premiums received' means the total of the amounts of the premiums paid into,
or transferred within, the Consolidated Revenue Fund on and after 1 July 1989
and before the relevant payment is made in accordance with a direction of the
Minister under section 96G;
'Notional interest' means an amount of notional interest, being the interest
at such rates as are from time to time determined by the Minister for Finance
that would have accrued, on or after 1 July 1989 and before the relevant
payment is made, in respect of the premiums received if such interest had been
payable to the previous Commission and to Comcare;
'Previous payments' means the total of the amounts paid to the previous
Commission or to Comcare for the purposes of the performance of their
functions under this Act before the relevant payment is made.

"(3) For the purposes of the application at any time after the commencement of
this section of the formula referred to in subsection (2), the Minister for
Finance may determine:

   (a)  the total of the amounts of the premiums paid into, or transferred
        within, the Consolidated Revenue Fund during the period commencing on
        1 July 1989 and ending immediately before the commencement of this
        section; and

   (b)  the notional interest that would have accrued in respect of that
        period; and

   (c)  the total of the amounts paid to the previous Commission or to Comcare
        for the purposes of the performance of their functions under this Act
        during that period.

"(4) In this section:
'premium' includes a contribution paid by a Department or Commonwealth
authority under section 98 of the Commonwealth Employees' Rehabilitation and 
Compensation Act 1988 , or of that Act as amended, as that section applied in
respect of financial years that ended before 1 July 1991. Appropriation

"90D. The Consolidated Revenue Fund is appropriated for the purposes of
sections 90B and 90C.".