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WORKERS COMPENSATION ACT 1958 - SECT 2B

Transitional—1975 amendments—insurance

    (1)     This section applies to a policy of accident insurance or indemnity operating to insure or indemnify an employer against claims under this Act.

    (2)     Subject to subsections (3) and (4), a policy shall not insure or indemnify the employer against any additional amount payable by him by virtue of the provisions of the Workers Compensation (Amendment) Act 1975 .

    (3)     Where the employer is not entitled to be recompensed from the Fund for any additional amount payable by him the policy shall insure or indemnify the employer for that amount.

S. 2B(4) amended by No. 10191 s. 258(1)(a) (i)–(iii).

    (4)     Subsection (3) shall not be construed as having required an employer to be insured or indemnified in respect of any amount in respect of which an employer had elected not to be insured or indemnified pursuant to the provisions of section 72(1)(a) as in force before the appointed day.

    (5)     In this section and in section 2C

"additional amount" means an amount by which the sum payable as compensation under this Act as in force immediately before 1 July 1975 in respect of an injury of a worker arising out of or in the course of the employment of the worker before 1 July 1975 is increased by virtue of a provision of the Workers Compensation (Amendment) Act 1975 ;

S. 2B(5) def. of employer substituted by No. 10191 s. 258(1)(b).

"employer" means an employer who was required to obtain a policy of accident insurance or indemnity pursuant to section 72(1)(a) as in force before the appointed day.

S. 2B(5) def. of Fund
repealed by No. 10191 s. 258(1)(b).

    *     *     *     *     *

S. 2C inserted by No. 8733 s. 2, substituted by No. 9297 s. 2.



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