Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A compensation payer or insurer may make an advance payment to the Commonwealth in respect of the compensation payable under a judgment or settlement if:
(a) during the 6 months preceding the day on which an amount of compensation was fixed under the judgment or settlement, a notice under section 21 had not been given; and
(b) a notice under section 23 has been given indicating that the compensation payer or insurer intends to make an advance payment; and
(c) a notice under section 33A has been given; and
(d) the amount of the compensation payable under the judgment or settlement is not a small amount.
Note: For small amount see section 38.
(2) The advance payment must be an amount equal to 10%, or such other percentage as the Minister determines under subsection (4), of the amount of compensation payable under the judgment or settlement.
(2A) A determination under subsection (4) may:
(a) identify different amounts, or ranges of amounts, of compensation payable; and
(b) set different percentages for any one or more of those amounts, or ranges of amounts.
(3) The advance payment must be made:
(a) if the judgment or settlement was made after the commencement of this Division--within 28 days after the judgment or settlement was made; or
(b) if the judgment or settlement was made before that commencement--within 28 days after that commencement.
(4) The Minister may, by legislative instrument, make a determination for the purposes of subsection (2).