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COMMONWEALTHAct
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s 60

Entitlement to redress payment

In force
Chapter 3Special rules to deal with exceptional cases
Part 3‑1Special rules allowing entitlement to redress
Division 2Death of person before acceptance of redress offer

60 Entitlement to redress payment

(1)

This section applies if under subsection 58(4) or 59(3) or paragraph 59(4)(d) a redress payment for a deceased person is payable in accordance with this section.

(2)

The Operator must:

(a)

determine who should be paid the redress payment; and

(b)

pay the redress payment to that person or those persons as soon as practicable.

(3)

In determining who should be paid the redress payment, the Operator may consider the people who are entitled to the property of the deceased person under:

(a)

the deceased person’s will; and

(b)

the law relating to the disposition of the property of deceased persons.

(4)

The Operator may pay the redress payment without requiring:

(a)

production of probate of the will of the deceased person; or

(b)

letters of administration of the estate of the deceased person.

(5)

The rules may prescribe matters relating to the payment of redress payments under this section.

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