Section 239 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Corporation to define risk classification and decide levy if activity not classified by regulations

239 Corporation to define risk classification and decide levy if activity not classified by regulations (1) This section applies if none of the classifications of industry or risk defined by the regulations made for the purposes of either, or both, of sections 170 (Work Account levies) and 195 (Residual Claims Account levies) specifically applies to the activity of a particular employer or self-employed person. (2) When this section applies,— (a) the Corporation may define a classification of industry or risk that it considers is appropriate in relation to that employer or self-employed person and decide the levy for that classification of industry or risk; and (b) that classification of industry or risk applies to all employers or self-employed persons involved in that activity who are not covered by a classification defined by the regulations; and (c) that classification of industry or risk has effect as if it were defined by the regulations; and (d) the Corporation must recommend to the Minister whether or not the classification of industry or risk should be incorporated in the relevant regulations when those regulations are next amended. Subsection (1) was amended, as from 1 April 2007, by section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8) by substituting “ either, or both, of sections 170 (Work Account levies) and 195 (Residual Claims Account levies) ” for “ any of sections 170 (Employers' Account levies), 195 (Residual Claims Account levies), and 205 (Self-Employed Work Account levies) ” . See sections 14 to 16 of that Act for the transitional provisions.