Accident Compensation Act 2001

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329 Regulations relating to levies

(1)

For the purposes of Part 6, the Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations—

(a)

specifying, in relation to levies, the maximum amounts or deemed minimum amounts of earnings for levy purposes or methods for calculating any of those amounts:

(b)

prescribing earnings deemed,—

(i)

for the purposes of section 169(1), to have been paid by an employer to the employer’s employees or earned by a self-employed person; or

(ii)

for the purposes of section 169(1), to have been earned as a private domestic worker:

(c)

prescribing the rates of levies (including maximum and minimum levies) and specifying the manner in which the Corporation is to determine the levies payable:

(ca)

prescribing the terms and conditions of the system or systems of experience rating or of risk sharing referred to in section 169(2):

(d)

prescribing the period to which any levies relate:

(e)

prescribing, in relation to levies, any discounts to be allowed and any adjustments to be made:

(f)

prescribing classifications, and categories of earners, for levy purposes:

(g)

prescribing classifications of industries and risks for the purposes of section 170:

(h)

specifying the threshold that must be met for the purpose of multiple classification in section 170, being a threshold based on the liable earnings of groups of employees or the overall levy payable by the employer:

(ha)

prescribing the rate of interest payable on any amount exceeding $1,000 under section 173(2)(a) or the method by which the rate is to be calculated:

(i)

prescribing the rate of interest payable on any amount under section 250(3) and the method by which the prescribed rate is to be applied (for example, 7.5% compounding monthly on the outstanding amount unpaid):

(j)

providing for levy adjustments and any matters relating to audits of safety management practices referred to in section 175(7):

(k)

prescribing, in relation to the levy payable under section 213(2)(c),—

(i)

the fuels in respect of which the levy is payable:

(ii)

the category or categories of any fuel in respect of which the levy is payable:

(iii)

the rate or rates at which the levy is payable:

(iv)

the manner in which the levy is to be collected and paid to the Corporation:

(v)

the persons or classes of person who are entitled to a refund under section 255(1A), the extent to which any amount of levy may be refunded, the manner in which persons must apply for a refund, and the manner in which refunds are to be paid:

(l)

establishing a system for differential levies, for the purposes of the Motor Vehicle Account, for categories referred to in—

(i)

section 216(1); or

(ii)

section 216(2):

(m)

setting, in relation to a prescribed period, a portion of the Work Account, the Motor Vehicle Account, or the Earners’ Account that is necessary to achieve,—

(i)
[Repealed]

(ii)
[Repealed]

(iii)
[Repealed]

(ma)

prescribing the manner of payment of the Motorcycle Safety levy for the purposes of section 217(3):

(n)

prescribing classes of levy payers for the purposes of the Treatment Injury Account:

(o)

prescribing exempt amounts of levy for the purpose of section 244, which amounts may differ depending on whether the amount invoiced is for—

(i)

a single type of levy; or

(ii)

2 or more different types of levies; or

(iii)

both.

(2)

Regulations made under subsection (1)(ca) may—

(a)

specify the types of claims to which the system or systems of experience rating or of risk sharing referred to in section 169(2) apply; and

(b)

make different provision for different classes of levy payers or in respect of different industries or levies.

(3)

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

See secondary legislation made under this Act (if published on this website)

Compare: 1998 No 114 s 407

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 329(1)(a): replaced, on 12 April 2019, by section 6 of the Accident Compensation Amendment Act 2019 (2019 No 10).

Section 329(1)(b): substituted, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 329(1)(b)(ii): amended, on 3 March 2010, by section 45(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 329(1)(ca): inserted, on 3 March 2010, by section 45(2) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 329(1)(g): amended, on 3 March 2010, by section 45(3) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 329(1)(h): amended, on 3 March 2010, by section 45(4) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 329(1)(ha): inserted, on 30 October 2022, by section 15 of the Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 (2022 No 51).

Section 329(1)(j): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 329(1)(k): substituted, on 28 June 2003, by section 12 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).

Section 329(1)(l): substituted, on 3 March 2010, by section 45(5) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 329(1)(m): substituted, on 3 March 2010, by section 45(6) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 329(1)(m)(i): repealed, on 26 September 2015, by section 336A(2)(d).

Section 329(1)(m)(ii): repealed, on 26 September 2015, by section 336B(2)(c).

Section 329(1)(m)(iii): repealed, on 26 September 2015, by section 336C(2)(c).

Section 329(1)(ma): inserted, on 3 March 2010, by section 45(6) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 329(1)(n): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Section 329(1)(o): added, on 1 April 2006, by section 56(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 329(2): added, on 3 March 2010, by section 45(7) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Section 329(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).