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AIRPORTS (TRANSITIONAL) ACT 1996 - SCHEDULE 3

Safety, Rehabilitation and Compensation Act 1988

 

 

1   Definitions

    Unless the contrary intention appears, expressions used in this Schedule that are also used in the Safety, Rehabilitation and Compensation Act 1988 have the same meanings as in that Act.

2   SRC Act continues to apply to transferred employees

  (1)   This clause applies to a transferred employee.

  (2)   The Safety, Rehabilitation and Compensation Act 1988 continues to apply, after the employee's transfer time, in relation to:

  (a)   injuries suffered by the employee before the employee's transfer time; and

  (b)   loss of, or damage to, property incurred by the employee before the employee's transfer time.

3   Commonwealth liable to meet certain SRC Act liabilities and is taken to be the employer in certain circumstances under the SRC Act

  (1)   This clause applies to a transferred employee.

  (2)   After the employee's transfer time, the Commonwealth:

  (a)   is liable to pay the liabilities of the FAC under section   128A of the Safety, Rehabilitation and Compensation Act 1988 , in so far as they relate to the employee; and

  (b)   is taken to have been the employee's employer before the employee's transfer time for the purposes of the Safety, Rehabilitation and Compensation Act 1988 .

  (3)   Paragraph   ( 2)(b) has effect subject to clauses   5 and 6.

4   Airport - lessee company to co - operate with the Commonwealth

    After the employee's transfer time, the airport - lessee company concerned must provide such reasonable co - operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections   36, 37, 38, 39, 41 and 41A of the Safety, Rehabilitation and Compensation Act 1988 .

5   Section   40 of the SRC Act

    After the employee's transfer time, the airport - lessee company concerned is taken to be the relevant employer of the employee for the purposes of section   40 of the Safety, Rehabilitation and Compensation Act 1988 .

6   Section   71 of the SRC Act

    After the employee's transfer time, the airport - lessee company concerned is taken to be a Commonwealth authority for the purposes of section   71 of the Safety, Rehabilitation and Compensation Act 1988 .

7   Section   108C of the SRC Act

    This Act does not prevent section   108C of the Safety, Rehabilitation and Compensation Act 1988 from applying to an airport - lessee company.



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