Transfer of liabilities to Comcare
5 Transfer of liabilities to Comcare
Claims against Commonwealth or authority on or before commencement
If an asbestos‑related claim was made against the Commonwealth or a Commonwealth authority on or before the commencement of this Part then, on the commencement of this Part:
a liability of the Commonwealth or the authority that relates to the claim ceases to be a liability of the Commonwealth or the authority and becomes a liability of Comcare; and
Comcare becomes the successor in law in relation to the liability.
Claims against Commonwealth or authority after commencement
If an asbestos‑related claim is made against the Commonwealth or a Commonwealth authority after the commencement of this Part then, at the time the claim is made:
a liability of the Commonwealth or the authority that relates to the claim ceases to be a liability of the Commonwealth or the authority and becomes a liability of Comcare; and
Comcare becomes the successor in law in relation to the liability.
Claims against Comcare on or after commencement
If, on or after the commencement of this Part, a person could make an asbestos‑related claim against the Commonwealth or a Commonwealth authority then:
the person may make the claim against Comcare; and
if the person makes the claim against Comcare—at the time the claim is made:
a liability of the Commonwealth or the authority that relates to the claim ceases to be a liability of the Commonwealth or the authority and becomes a liability of Comcare; and
Comcare becomes the successor in law in relation to the liability.
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