Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 55

55 Setting premium on change of ownership of business

(1) This section applies if a person (a
"new employer" ) acquires the whole or a part of a business from an employer (a
"former employer" ) who is currently insured under a policy with WorkCover.

(2) In calculating the premium payable by the new employer, WorkCover may have regard to the claims experience of the business under the former employer.

(3) In deciding whether to have regard to the claims experience of the business under a former employer, WorkCover may consider any relevant matter, including the following—

(a) if the new employer is an individual, whether the new employer is or was—

(i) a partner of the former employer; or

(ii) an officer or shareholder of the former employer; or

(iii) an officer or shareholder of a related body corporate of the former employer;

(b) if the new employer is a partnership, whether any of the partners of the new employer is or was—

(i) an individual who was the former employer; or

(ii) a partner of the former employer; or

(iii) an officer or shareholder of the former employer; or

(iv) an officer or shareholder of a related body corporate of the former employer;

(c) if the new employer is a body corporate, whether the new employer is or was a related body corporate of the former employer;

(d) if the new employer is a body corporate, whether any of the officers or shareholders of the new employer is or was—

(i) an individual who was the former employer; or

(ii) a partner of the former employer; or

(iii) an officer or shareholder of the former employer; or

(iv) an officer or shareholder of a related body corporate of the former employer.

(4) However, subsection (2) applies only if the predominant industry activity of the business remains the same as under the former employer.

(5) In this section—

"officer" has the meaning given by the Corporations Act .