New South Wales Consolidated Acts

SPORTING INJURIES INSURANCE ACT 1978 - SECT 18A

18A Adjustment of certain premiums

(1) In this section--

"adjustment notice" means a notice served on a sporting organisation under subsection (2).

"prescribed variable" means--

(a) the number of--

(i) registered participants,

(ii) teams or crews of registered participants,

(iii) vehicles ridden or driven by registered participants, or

(iv) vessels driven or sailed by registered participants,

who or which will participate in authorised activities of sporting organisations, or

(b) any other variable prescribed by the regulations for the purposes of this definition.

(2) If, after the due day for payment of a premium specified in a notice served on a sporting organisation under section 17 (1), the Authority has reasonable grounds to believe that the premium is less than it would have been if an estimate of the quantity of a prescribed variable--

(a) used in the calculation pursuant to which the premium was determined, and

(b) specified in that notice pursuant to section 17 (1) (a) (ii),

had been accurate, the Authority may serve on the organisation a notice requiring it to pay the difference to the Authority.

(3) An adjustment notice shall set forth--

(a) particulars of the notice served under section 17 (1) specifying the premium to which the adjustment notice relates,

(b) particulars of the manner in which the amount required to be paid by the adjustment notice is calculated, and

(c) the day on or before which that amount is payable, being a day occurring not less than 10 days after the date on which the notice is served.

(4) If the amount required to be paid by an adjustment notice is not paid on or before the day specified in the notice under subsection (3) (c) or within such further period as the Authority, by instrument in writing, may allow, the amount required by that notice to be paid by the sporting organisation thereupon becomes a debt recoverable, in any court of competent jurisdiction, by the Authority from the organisation or, where the organisation is--

(a) a body corporate--from any person who was, when that notice was served on the body corporate, a director, within the meaning of the Corporations Act 2001 of the Commonwealth, of the body corporate, or

(b) an unincorporated association--from any person who was, when that notice was served on the unincorporated association, a member of the governing body of that association.

(5) Where, as a consequence of proceedings brought by the Authority under subsection (4) in respect of an unincorporated association, judgment for an amount is given by a court against a member of the governing body of the association, the court may make such orders as it thinks fit for recovery of the amount, or any part thereof, out of any money held by the member or by any person on behalf of, or in trust for, the association or its members or for the sale of any such property and for the recovery of the amount, or any part thereof, out of the proceeds of the sale.

(6) Where a debt referred to in subsection (4) is recovered--

(a) wholly or partly from the sporting organisation or under subsection (5), the liability imposed on any person under subsection (4) (a) or (b) is correspondingly reduced, or

(b) from a person referred to in subsection (4) (a) or (b), that person is entitled to recover in any court of competent jurisdiction, as contribution from each of the other directors of the body corporate or members of the governing body of the unincorporated association, as the case may be, an amount equal to the dividend obtained by dividing the amount recovered by the number, at the time the adjustment notice was served, of directors of that body corporate or of members of the governing body of that association, as the case may be.