Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) the Australian Capital Territory ceases to be a Commonwealth authority at a particular time (the cessation time ); and
(b) the amount that represents so much of available scheme funds as is attributable to:
(i) premiums paid by the Australian Capital Territory before the cessation time; and
(ii) special premiums paid by the Australian Capital Territory before the cessation time; and
(iii) interest earned on the premiums and special premiums referred to in subparagraphs (i) and (ii); and
(iv) exit contributions, or instalments of exit contributions, paid to Comcare by the Australian Capital Territory after the cessation time; and
(v) interest earned on exit contributions and instalments referred to in subparagraph (iv);
exceeds Comcare's liability (if any) under this Act (including liability under actions for non - economic loss), in respect of injuries suffered before the cessation time by employees of the Australian Capital Territory;
Comcare may make a determination that a specified amount is payable to the Australian Capital Territory by way of a refund of the whole or a part of the exit contributions, or instalments of exit contributions, paid to Comcare by the Australian Capital Territory.
(2) For the purposes of subsection (1), the specified amount must be equal to or less than the excess.
(3) The specified amount is to be paid by Comcare within 28 days after the determination is made.
(4) A determination under subsection (1) may only be made during the 7 - year period beginning at the cessation time.
(5) For the purposes of paragraph (1)(b):
(a) liability includes prospective liability; and
(b) assume that Comcare's liability is not contingent on:
(i) the making of a claim for compensation; or
(ii) the giving of a notice under section 53.
(6) Comcare may defer making a determination under subsection (1) of this section until Comcare has made a payment under section 97QB.