Victorian Numbered Acts Victorian Numbered ActsAfter section 26 of the Accident Compensation (WorkCover Insurance) Act 1993 insert —
(1) The Authority may determine that the premium payable by a relevant employer is the amount that would have been calculated or might reasonably be expected to have been calculated as the employer's premium if a premium avoidance scheme within the meaning of the relevant premiums order had not been entered into or carried out.
(2) If the Authority makes a determination under subsection (1) it must, by notice in writing, advise the relevant employer of the determination and the default penalty payable under subsection (3).
(3) If a relevant employer has obtained, or would but for subsection (1) obtain, a premium benefit in connection with a premium avoidance scheme within the meaning of the relevant premiums order, the employer is liable to pay a default penalty that is twice the difference between the premium determined under subsection (1) to be payable and the premium paid or payable by the employer but for that determination.
(4) A default penalty under subsection (3) is due and payable within 28 days of the date of the notice.
(5) The Authority may remit the whole or any part of a default penalty imposed under subsection (3).
(6) If a determination is made by the Authority under subsection (1), the premium payable by a relevant employer is the amount specified in the determination.".