Commonwealth Numbered Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 No. 234, 1992 - SECT 129

129.(1) If:

   (a)  the Fund has become the employer of an employee because of subsection 
        4(3) ; and

   (b)  the Fund has paid an amount of money in respect of an employee in
        accordance with this Act; and

   (c)  the actual employer of the employee had a policy of insurance or
        indemnity with an insurer under section 93; then:

   (d)  the Fund is subrogated to all of the actual employer's rights and
        remedies in relation to the policy or insurance or indemnity, as the
        case may be; and

   (e)  the actual employer is not entitled to, and may not enforce payment
        of, the amount.

(2) If:

   (a)  the Fund has become the employer of an employee because of subsection 
        4(3) ; and

   (b)  the Fund has paid an amount of money in respect of an employee in
        accordance with this Act; and

   (c)  the actual employer of the employee was a member of a protection and
        indemnity association under section 93; then:

   (d)  the Fund is subrogated to all of the actual employer's rights and
        remedies in relation to the association.