Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


EMPLOYERS' INDEMNITY SUPPLEMENTATION FUND AMENDMENT BILL 2001

                     Western Australia


Employers' Indemnity Supplementation Fund
           Amendment Bill 2001

                       CONTENTS

1.   Short title                          1
2.   Commencement                         2
3.   The Act amended                      2
4.   Section 3 amended                    2
5.   Section 14 amended                   3
6.   Section 16 amended                   4
7.   Section 17 repealed                  4
8.   Section 18 amended                   4
9.   Section 36 amended                   5




                                         page i
                           6--2
                           Western Australia


                       LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)


     Employers' Indemnity Supplementation Fund
                Amendment Bill 2001


                               A Bill for


An Act to amend the Employers' Indemnity Supplementation Fund
Act 1980.



The Parliament of Western Australia enacts as follows:


1.       Short title
         This Act may be cited as the Employers' Indemnity
         Supplementation Fund Amendment Act 2001.




                                                             page 1
     Employers' Indemnity Supplementation Fund Amendment Bill 2001



     s. 2




     2.       Commencement
              This Act comes into operation on the day on which it receives
              the Royal Assent.

     3.       The Act amended
5             The amendments in this Act are to the Employers' Indemnity
              Supplementation Fund Act 1980*.
              [* Reprinted as at 7 December 1994.
                 For subsequent amendments see 2000 Index to Legislation of
                 Western Australia, Table 1, p. 134-5.]

10   4.       Section 3 amended
              Section 3 is amended as follows:
                (a) by deleting the definition of "appointed date";
               (b) by inserting after the definition of "self-insurer" the
                     following definition --
15            "
                        "surcharge period" means a period the
                            commencement and expiry times of which are
                            prescribed by the regulations;
                                                                               ";
20                (c)    in the definition of "the appropriate surcharge" by
                         deleting "section 14" and inserting instead --
                         " section 14(2) ".




     page 2
                    Employers' Indemnity Supplementation Fund Amendment Bill 2001



                                                                                     s. 5



     5.              Section 14 amended
          (1)        Section 14(1) is amended by deleting "who obtains from an
                     insurer an employer's policy on or after the appointed date" and
                     inserting instead --
5                    "
                           who, during a surcharge period, obtains from an insurer
                           an employer's policy providing any cover for liability
                           of the employer arising during the surcharge period
                                                                                      ".
10        (2)        Section 14(2) and (3) are repealed and the following subsections
                     are inserted instead --
                "
                     (2)   The appropriate surcharge is an amount equal to the
                           prescribed percentage, at the time the policy was
15                         obtained, of the amount of any premium payable under
                           the policy in respect of cover for liability of the
                           employer arising during a surcharge period.
                     (3)   The percentage prescribed for the purposes of
                           subsection (2) cannot exceed 5% and after 30 June
20                         2006 cannot exceed 1%.
                    (3a)   Different percentages may be prescribed to apply
                           during different parts of a particular surcharge period
                           but only one percentage can apply at any particular
                           time.
25                                                                                    ".
          (3)        Section 14(4)(c) is amended by deleting "insurance cover under
                     the employer's policy concerned begins or that employer's
                     policy is renewable." and inserting instead --
                            "
30                                the amount of premium in respect of which the
                                  appropriate surcharge is payable is paid.
                                                                                      ".
          (4)        Section 14(5) and (6) are repealed.

                                                                                 page 3
     Employers' Indemnity Supplementation Fund Amendment Bill 2001



     s. 6



     6.              Section 16 amended
          (1)        Section 16(1)(a) is amended by deleting "appointed date, within
                     one month from the appointed date" and inserting instead --
                              "
5                                   commencement of a surcharge period, within
                                    one month after that commencement
                                                                                      ".
          (2)        Section 16(1)(b) is amended by deleting "after the appointed
                     date, within one month after he becomes" and inserting
10                   instead --
                              "
                                    during a surcharge period, within one month
                                    after becoming
                                                                                      ".
15        (3)        Section 16(1) is amended by inserting after "12 months" --
                     "     any of which is during a surcharge period   ".

     7.              Section 17 repealed
                     Section 17 is repealed.

     8.              Section 18 amended
20                   After section 18(2) the following subsection is inserted --
                "
                    (2a)     The regulations may provide for refunds of amounts of
                             surcharge paid if the surcharge period on the basis of
                             which the surcharge was calculated is shortened.
25                                                                                    ".




     page 4
     Employers' Indemnity Supplementation Fund Amendment Bill 2001



                                                                s. 9



9.    Section 36 amended
      Section 36(3) is amended by deleting "whether made before, on
      or after the appointed date" and inserting instead --
      "   whenever made    ".




 


[Index] [Search] [Download] [Related Items] [Help]