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StatuteSocial Security Act 1991

Section 1184D — Social Security Act 1991: Offence to make compensation payment after receiving preliminary notice or recovery notice

Text of the provision Official document

(1) If a person (the potential compensation payer) has been given a notice under section 1182 or 1184 in relation to the payment of compensation to a person, the potential compensation payer must not make the compensation payment to the person. Penalty: Imprisonment for 12 months. (1A) Subsection (1) does not apply if: (a) in the case of a notice under section 1182—the Secretary has given the potential compensation payer written notice that the notice under section 1182 is revoked; or (b) in the case of a notice under section 1184—the potential compensation payer has paid to the Commonwealth the amount specified in the notice; or (c) the Secretary has given the potential compensation payer written permission to pay the compensation. (2) If an insurer has been given a notice under section 1182 or 1184 in relation to the insurer’s liability to indemnify a compensation payer, the insurer must not make any payment to the compensation payer in relation to that liability. Penalty: Imprisonment for 12 months. (2A) Subsection (2) does not apply if: (a) in the case of a notice under section 1182—the Secretary has given the insurer written notice that the notice under section 1182 is revoked; or (b) in the case of a notice under section 1184—the insurer has paid to the Commonwealth the amount specified in the notice; or (c) the Secretary has given the insurer written permission to pay the amount. (3) Strict liability applies to an element of an offence against subsection (1) or (2) that: (a) a notice is a notice under section 1182; or (b) a notice is a notice under section 1184.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.