Where a person receives a notice under subsection 115H(6)
115J Where a person receives a notice under subsection 115H(6)
This section applies to a person if the person has been given a notice under subsection 115H(6).
If the person:
is, on being given the notice, liable to pay compensation to, or for the benefit of, the veteran to whom the notice relates in respect of the disease, disability or condition to which the notice relates; or
becomes, after receiving the notice, so liable to pay compensation; or
the person becomes liable, because of this subsection, to pay to the Commonwealth:
an amount equal to the cost of the rehabilitation program that the veteran is liable, or may become liable, under subsection 115H(5), to pay; or
an amount equal to the amount of compensation that the person is liable, or becomes liable, so to pay;
whichever is the less.
If, before the notice was given to the person, the person paid to, or for the benefit of, the veteran the whole of the compensation that the person was liable to pay in respect of the disease, disability or condition to which the notice relates, the notice has no effect.
If a person is liable, or becomes liable, to pay an amount to the Commonwealth under subsection (2), the person must not, without the permission of the Commission, pay the compensation, or any part of the compensation, to, or for the benefit of, the veteran.
Payment to the Commonwealth of an amount under subsection (2) operates, to the extent of the payment:
as a discharge to the person of his or her liability to pay compensation to the veteran entitled to receive the compensation; and
as a discharge of the veteran’s liability under subsection 115H(5).
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