Commonwealth Numbered Acts

COMMONWEALTH EMPLOYMENT (MISCELLANEOUS AMENDMENTS) ACT 1992 No. 95 of 1992 - SECT 46

46. After Part 4 of the Principal Act the following Part is inserted:
       "PART 4A - RECOVERY OF COST OF ADMINISTERING ACT


"Division 1 - Charges for services Power of Commission to enter into
arrangements

"67A.(1) The Commission may enter into an arrangement with the Secretary of a
Department, or with the principal officer of a Commonwealth authority, under
which:

   (a)  the Commission will provide to the Department or authority specified
        services related to the performance by the Commission of its functions
        under this Act; and

   (b)  the Department or authority will pay such amount for the provision of
        those services as is agreed between them.

"(2) Any amount payable under such an arrangement is a debt due to the
Commonwealth and payable to Comcare.

"Division 2 - Contributions Estimates of contributions

"67B.(1) The Commission must prepare an estimate of the amount of contribution
to the cost of the administration of this Act by the Commission that is to be
paid by each Department or Commonwealth authority for each financial year to
which this Division applies.

"(2) The estimate in relation to a Department or authority for the financial
year referred to in subsection (4) may include an amount in respect of the
cost of the administration of this Act during the period from the commencement
of this Act to the commencement of that financial year.

"(3) An estimate is to be in such form as the Commission considers appropriate
or, if the Minister has given a direction as to the form in which estimates
are to be prepared under this section, in accordance with the direction.

"(4) The period starting on the date of commencement of this Part or 1 July
1992, whichever is the later, and ending on 30 June 1993 is taken to be a
financial year to which this Division applies.

"(5) The financial year starting on 1 July 1993 and each subsequent financial
year are financial years to which this Division applies. Amount of
contribution

"67C. In estimating the amount of the contribution of a Department or
Commonwealth authority for a financial year, the Commission must have regard
to:

   (a)  any information given to the Commission under section 96C of the
        Commonwealth Employees' Rehabilitation and Compensation Act 1988; and

   (b)  the costs likely to be incurred by the Commission, including costs
        likely to be incurred by Comcare on behalf of the Commission, in the
        performance or exercise of the functions and powers of the Commission
        under this Act (other than section 67A) in relation to the Department
        or authority during the financial year; and

   (c)  the premiums (if any) paid or payable by the Department or authority
        under Division 4A of Part VII of the
        Commonwealth Employees' Rehabilitation  and Compensation Act 1988 for
        the financial year; and

   (d)  the past, and estimated future, incidence and cost of injury or
        disease suffered by, or accidents to, employees of the Department or
        authority in their workplace; and

   (e)  the money appropriated by the Parliament for the purposes of the
        performance by the Commission of its functions under this Act.
        Information to be given to Commission

"67D.(1) The Secretary to a Department, or the principal officer of a
Commonwealth authority, must, on written request by the Commission, give to
the Commission the information specified in the request, being information
needed by the Commission to enable it to prepare an estimate under section 67C
in relation to the Department or authority for a financial year.

"(2) The information is to be given not later than a date specified in the
request, which must be not earlier than 21 days after the request is made.
Review by Commission

"67E.(1) When the Commission prepares an estimate under section 67B, the
Commission must give a copy of the estimate to the Secretary to the
Department, or the principal officer of the Commonwealth authority, to which
the estimate relates.

"(2) If the Secretary or principal officer objects to the estimate, the
Secretary or principal officer may, by written notice of objection given to
the Commission within 14 days after receipt of the copy of the estimate, ask
the Commission to review the estimate.

"(3) A notice of objection must set out the grounds of the objection.

"(4) As soon as practicable after receiving a notice of objection, the
Commission must:

   (a)  review the estimate to which the notice relates; and

   (b)  give written notice of the result of the review to the Secretary to
        the Department, or the principal officer of the Commonwealth
        authority, concerned.

"(5) After reviewing an estimate the Commission must:

   (a)  confirm the estimate; or

   (b)  vary the estimate in such manner as it thinks fit and confirm the
        estimate as so varied. Review by Minister

"67F.(1) If:

   (a)  an estimate in relation to a Department or a Commonwealth authority
        has been reviewed under section 67E; and

   (b)  the Secretary to the Department, or the principal officer of the
        authority, objects to the estimate (or the estimate as varied as a
        result of the review); the Secretary or principal officer may, by
        written notice of objection given to the Minister within 14 days after
        the date of the notice mentioned in paragraph 67E(4)(b), ask the
        Minister to review the estimate, or the estimate as so varied, as the
        case may be.

"(2) A notice of objection must set out the grounds of the objection.

"(3) On receipt of a notice of objection, the Minister must review the
estimate, or the estimate as varied under section 67E.

"(4) After completing a review the Minister must:

   (a)  confirm the estimate that is the subject of the review; or

   (b)  vary that estimate in such manner as the Minister thinks fit and
        confirm it as so varied. Confirmation of estimates

"67G.(1) If the Commission is not required to review an estimate under section
67E, the estimate is taken to have been confirmed, and the confirmation is
taken to have taken effect, immediately after the end of the period of 14 days
mentioned in subsection 67E(2).

"(2) If the Commission confirms an estimate (or an estimate as varied by it)
under subsection 67E(5), the confirmation does not take effect if the Minister
is required under section 67F to review the estimate (or the estimate as so
varied).

"(3) If the Minister is not required under section 67F to review an estimate
(or an estimate as varied by the Commission), the Commission's confirmation of
the estimate (or the estimate as so varied) takes effect immediately after the
end of the period of 14 days mentioned in subsection 67F(1).

"(4) The Minister's confirmation of an estimate (or an estimate as varied
under section 67E or 67F) takes effect on the date of the confirmation.
Payment of contribution

"67H.(1) If the confirmation of an estimate (or an estimate as varied under
section 67E or 67F) in relation to a Department or Commonwealth authority for
a financial year takes effect:

   (a)  the Commission must give written notice to the Secretary to the
        Department, or the principal officer of the authority, accordingly;
        and

   (b)  the confirmed amount is the contribution of the Department or
        authority for that financial year.

"(2) The contribution is payable within such period as is specified in the
notice referred to in paragraph (1)(a). Penalty for late payment

"67J.(1) If a contribution is not paid in full within the period referred to
in subsection 67H(2), the Department or Commonwealth authority is liable to
pay, in addition to the contribution, a penalty equal to the determined
percentage of the sum of the unpaid contribution and any unpaid penalty,
calculated at the end of each month or part of a month after the end of that
period until the contribution is paid in full.

"(2) The determined percentage is such percentage as the Commission determines
with the approval of the Minister but not exceeding:

   (a)  1.5%; or

   (b)  if another percentage is prescribed - that other percentage. Recovery
        of contribution and penalty

"67K. An amount of contribution, or of penalty under section 67J, is a debt
due to the Commonwealth and payable to Comcare.".