Workers Compensation (Terrorism) Amendment Act 2012 (ACT)

Case

Workers Compensation (Terrorism) Amendment Act 2012

A2012-8

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Payments out of DI fundSection 166B (2)  2

5            Section 166B (3)  2

6            Chapter 15 heading  2

7           Application of ch 15 to insurersSection 224 (1) (b)  2

8            Terrorism cover temporary reinsurance fundNew section 227 (4)  3

9            Entitlement of insurers to reimbursement from temporary fundSection 228 (2)  3

10          Section 232  3

11          Chapter 15 (as amended)  4

12          Dictionary, new definition of act of terrorism  4

13          Dictionary, definition of insurer  4

14          Dictionary, new definitions  4

Workers Compensation (Terrorism) Amendment Act 2012

A2012-8

An Act to amend the Workers Compensation Act 1951

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Workers Compensation (Terrorism) Amendment Act 2012.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Workers Compensation Act 1951.

  4. Payments out of DI fund
    Section 166B (2)

    omit

    Temporary provisions for acts

    substitute

    Acts

  5. Section 166B (3)

    omit

  6. Chapter 15 heading

    substitute

Chapter 15Acts of terrorism

  1. Application of ch 15 to insurers
    Section 224 (1) (b)

    omit

  2. Terrorism cover temporary reinsurance fund
    New section 227 (4)

    insert

    (4)However, the Financial Management Act 1996, section 53A (Unclaimed trust money) does not apply to the temporary fund.

  3. Entitlement of insurers to reimbursement from temporary fund
    Section 228 (2)

    substitute

    (2)However, the insurer is entitled to be fully reimbursed from the temporary fund the insurer’s uninsured liability for another act of terrorism that happens not later than 1 year after the day the act of terrorism mentioned in subsection (1) happens.

  4. Section 232

    substitute

  5. Review of payments out of temporary fund

    (1)This section applies if the temporary fund is established under section 227 (1).

    (2)The Minister must review the following not later than 10 years after the day the temporary fund is established:

    (a)the operation of section 229 (Payments out of temporary fund);

    (b)the operation of any regulation made under section 230 (1) (b) (Regulations about temporary fund).

    (3)The Minister must present a report of the review to the Legislative Assembly within 6 months after the day the review is started.

  6. Chapter 15 (as amended)

    relocate as part 8.3

  7. Dictionary, new definition of act of terrorism

    insert

    act of terrorism, for chapter 15 (Acts of terrorism)—see section 226.

  8. Dictionary, definition of insurer

    substitute

    insurer

    (a)for chapter 5 (Injury management process)—

    (i)see section 86A; and

    (ii)if there is more than 1 employer of a worker—see section 87; and

    (b)for part 6.2 (Time for accepting or rejecting claims)—see section 127 (1); and

    (c)for chapter 15 (Acts of terrorism)—see section 225.

  9. Dictionary, new definitions

    insert

    temporary fund, for chapter 15 (Acts of terrorism)—see section 227 (1).

    temporary fund threshold amount, for chapter 15 (Acts of terrorism)—see section 224 (2).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 16 February 2012.

  2. Notification

    Notified under the Legislation Act on 28 March 2012.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Workers Compensation (Terrorism) Amendment Bill 2012, which was passed by the Legislative Assembly on 20 March 2012.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2012

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