Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 71N

Reassessee dies before reassessment decision is made

In force
Chapter 3Special rules to deal with exceptional cases
Part 3‑3Special rules about reassessment of determinations
Division 4Death of reassessee before or during reassessment

71N Reassessee dies before reassessment decision is made

(1)

This section applies if:

(a)

a person (the reassessee) agrees to have the Operator reassess a current determination under section 71B; and

(b)

the reassessee dies before the Operator makes a reassessment decision under section 71D.

(2)

The Operator must continue to reassess the current determination and make a reassessment decision as if the reassessee had not died.

(3)

If:

(a)

the reassessment decision sets aside the current determination and substitutes a new determination; and

(b)

the amount of the redress payment determined in the reassessment decision is more than the amount of the redress payment determined in the current determination;

then:

(c)

the amount of the difference is payable in accordance with section 71Q; and

(d)

for the purposes of this Act, the new determination set out in the reassessment decision is taken to be the determination made by the Operator under section 29.

(4)

The rules may prescribe matters relating to the giving of notices to a person, a participating institution, a partly‑participating institution or a funder of last resort in relation to the operation of this section.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.