Claims against Commonwealth or authority on or before commencement

(1)

If an asbestos-related claim was made against the Commonwealth or a Commonwealth authority on or before the commencement of this Part then, on the commencement of this Part:

(a) a liability of the Commonwealth or the authority that relates to the claim ceases to be a liability of the Commonwealth or the authority and becomes a liability of Comcare; and
(b) Comcare becomes the successor in law in relation to the liability.

Claims against Commonwealth or authority after commencement

(2)

If an asbestos-related claim is made against the Commonwealth or a Commonwealth authority after the commencement of this Part then, at the time the claim is made:

(a) a liability of the Commonwealth or the authority that relates to the claim ceases to be a liability of the Commonwealth or the authority and becomes a liability of Comcare; and
(b) Comcare becomes the successor in law in relation to the liability.

Claims against Comcare on or after commencement

(3)

If, on or after the commencement of this Part, a person could make an asbestos-related claim against the Commonwealth or a Commonwealth authority then:

(a) the person may make the claim against Comcare; and
(b) if the person makes the claim against Comcare—at the time the claim is made:
(i) a liability of the Commonwealth or the authority that relates to the claim ceases to be a liability of the Commonwealth or the authority and becomes a liability of Comcare; and
(ii) Comcare becomes the successor in law in relation to the liability.