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SOCIAL SECURITY ACT 1991 - SECT 1184D

Offence to make compensation payment after receiving preliminary notice or recovery notice

  (1)   If a person (the potential compensation payer ) has been given a notice under section   1182 or 1184 in relation to the payment of compensation to a person, the potential compensation payer must not make the compensation payment to the person.

Penalty:   Imprisonment for 12 months.

  (1A)   Subsection   (1) does not apply if:

  (a)   in the case of a notice under section   1182--the Secretary has given the potential compensation payer written notice that the notice under section   1182 is revoked; or

  (b)   in the case of a notice under section   1184--the potential compensation payer has paid to the Commonwealth the amount specified in the notice; or

  (c)   the Secretary has given the potential compensation payer written permission to pay the compensation.

  (2)   If an insurer has been given a notice under section   1182 or 1184 in relation to the insurer's liability to indemnify a compensation payer, the insurer must not make any payment to the compensation payer in relation to that liability.

Penalty:   Imprisonment for 12 months.

  (2A)   Subsection   (2) does not apply if:

  (a)   in the case of a notice under section   1182--the Secretary has given the insurer written notice that the notice under section   1182 is revoked; or

  (b)   in the case of a notice under section   1184--the insurer has paid to the Commonwealth the amount specified in the notice; or

  (c)   the Secretary has given the insurer written permission to pay the amount.

  (3)   Strict liability applies to an element of an offence against subsection   (1) or (2) that:

  (a)   a notice is a notice under section   1182; or

  (b)   a notice is a notice under section   1184.


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