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SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 - SECT 134

Provisions applicable on death of beneficiary

  (1)   Subject to subsection   (3), if:

  (a)   a determination is made that an amount of compensation is payable under this Act to a person; and

  (b)   the person dies before the amount is paid;

the amount forms part of the person's estate.

  (2)   Subject to subsection   (4), if the Authority holds any money or investments for the benefit of a person under this Act and that person dies, that money or those investments form part of the person's estate.

  (3)   If a person referred to in subsection   (1) dies intestate and nobody is apparently entitled to claim the person's estate (including that amount of compensation):

  (a)   subsection   (1) does not apply; and

  (b)   subject to subsection   (5), the compensation will not be paid.

  (4)   If a person referred to in subsection   (2) dies intestate and nobody is apparently entitled to claim the person's estate (including that money or those investments):

  (a)   subsection   (2) does not apply; and

  (b)   subject to subsection   (5), the Authority must pay the money, or realise the investments and pay the proceeds of the realisation, as the case may be, to the Commonwealth.

  (5)   Any provision of this section may be made inoperative, in a particular case, as a result of a decision made on a review of a determination under this Act.



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