Victorian Numbered Acts

ACCIDENT COMPENSATION AMENDMENT ACT 2010 (NO. 9 OF 2010) - SECT 193

After Division 1 of Part 7 of the Accident Compensation (WorkCover Insurance) Act 1993 insert —

" Division 2—Accident Compensation Amendment Act 2010

        78     Definitions

    (1)     In this Division—

"amending Act" means the Accident Compensation Amendment Act 2010 ;

"amending provision" means a provision of the amending Act specified in a section of this Division;

"commencement date" means the date on which the amending provision comes into operation.

    (2)     Nothing in this Division limits or otherwise affects the operation of the Interpretation of Legislation Act 1984 .

        79     Section 3(1) (Estimated future claim cost)

The definition of estimated future claim cost in section 3(1), as amended by section 100 of the amending Act, applies only in respect of notices of premium served on or after the commencement date.

        80     Section 7 (Compulsory WorkCover Insurance)

    (1)     Section 7, as amended by section 101(1) of the amending Act, applies in respect of injuries to which this Act applies on and after the commencement date.

    (2)     Section 7, as amended by section 101(1) of the amending Act, applies in respect of premium calculated on and after the commencement date.

    (3)     Section 7, as amended by section 101(3) of the amending Act, applies in respect of premium calculated on and after the commencement date.
s. 193

    (4)     Section 7, as amended by section 101(4) of the amending Act, applies to an employer who immediately before the commencement date—

        (a)     has not obtained or kept in force a policy of insurance as required by section 7(1) in respect of any 5 policy periods before the commencement date; and

        (b)     the Authority has not commenced proceedings against the employer under section 7(6), 61(3) or 61(4).

        81     Section 9 (WorkCover insurance policy)

Section 9, as amended by section 102 of the amending Act, applies in respect of policies of insurance entered into on or after the commencement date.

        82     Section 16 (Premiums order—general provisions)

Section 16, as amended by section 103 of the amending Act, applies to any premium order made by the Governor in Council on or after the commencement date.

        83     Section 17A (Authority may serve notice of premium)

Section 17A, as inserted by section 104 of the amending Act, applies to notices of premium served on or after the commencement date.

        84     Section 21 (Adjustment of premium)

Section 21, as amended by section 105 of the amending Act, applies to notices of premium served on or after the commencement date.

        85     Section 21A (Premium notices in respect of deemed policy periods)

Section 21A, as amended by section 106 of the amending Act, applies to an employer who immediately before the commencement date—

        (a)     has not obtained or kept in force a policy of insurance as required by section 7(1); and

        (b)     the Authority has not commenced proceedings against the employer under section 7(6), 61(3) or 61(4).

        86     Section 31A (Refund of premium may be offset)

Section 31A, as substituted by section 112 of the amending Act, applies to excess premium paid to the Authority by an employer in respect of notices of premium served on the employer on or after the commencement date.

        87     Part 2A (Premium review)

Part 2A, as inserted by section 114 of the amending Act, applies to notices of premium served in respect of the premium year commencing in 2010.

        88     Section 58 (Registration of section 55(2)(a) employer)

Section 58, as amended by section 115 of the amending Act, applies to an employer who immediately before the commencement date—

        (a)     has not obtained or kept in force a policy of insurance as required by section 7(1); and

        (b)     the Authority has not commenced proceedings against the employer under section 7(6), 61(3) or 61(4).

        89     Section 66A (Joint and several liability of group members)

Section 66A, as amended by section 117 of the amending Act, applies on or after the commencement date, in respect of premium paid to the Authority that is in excess of what is payable by an employer.

        90     Section 71 (Evidence)

Section 71, as amended by section 118 of the amending Act, applies in respect of proceedings to which section 71 applies—

        (a)     that have not been determined or settled immediately before the commencement date;

        (b)     that are commenced on or after the commencement date.

        91     Section 57 (Claims against 55(2)(a))

Section 57, as amended by section 120 of the amending Act, applies in respect of claims for compensation given, served or lodged on and after the commencement date.".

__________________