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COMMONWEALTHAct
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s 71X

Determining reassessment deficit or reassessment surplus

In force
Chapter 3Special rules to deal with exceptional cases
Part 3‑3Special rules about reassessment of determinations
Division 7Financial matters

71X Determining reassessment deficit or reassessment surplus

(1)

This section applies in relation to:

(a)

a person in relation to whom paragraph 71V(a) or (b) applies in the present quarter; and

(b)

a participating institution or funder of last resort determined in the current determination or the new determination mentioned in paragraph 71V(a) or (b) in relation to the person.

(2)

The Operator must determine, in respect of the amounts of the institution’s or funder of last resort’s:

(a)

share of the costs of the redress payment to the person in all quarters up to the present quarter; and

(b)

share of the costs of the counselling and psychological component of redress for the person in all quarters up to the present quarter; and

(c)

scheme administration element for all quarters up to the present quarter, to the extent it is attributable to the person;

the difference for the institution or funder of last resort between such amounts worked out:

(d)

based on the current determination in relation to the person, as in effect immediately before the start of the present quarter; and

(e)

based on the new determination in relation to the person, as in effect at the end of the present quarter.

(3)

If an amount worked out under paragraph (2)(e) is more than a corresponding amount worked out under paragraph (2)(d), the institution or funder of last resort has an amount of reassessment deficit in relation to the person for the present quarter that is equal to the difference.

(4)

If an amount worked out under paragraph (2)(e) is less than a corresponding amount worked out paragraph (2)(d), the institution or funder of last resort has an amount of reassessment surplus in relation to the person for the present quarter that is equal to the difference.

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