Payment of damages by third party to Commonwealth
30G Payment of damages by third party to Commonwealth
Subject to subsection (2), if:
a pension is payable or has been paid under this Part in respect of:
the incapacity of a veteran from a war‑caused injury or disease; or
the death of the veteran; and
a person other than the Commonwealth appears to be legally liable to pay damages in respect of the same incapacity of the veteran from that or any other injury or disease or in respect of that death;
the Commission may, by written notice to the person, require the person to pay to the Commonwealth a specified amount of the damages.
Damages in this section do not include certain amounts paid under the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 (see subsection 30B(3)).
The specified amount must not exceed the total amount of pension paid under this Part, up to the time the payment of damages is made to the Commonwealth, to the veteran or dependant in respect of the incapacity or death.
The person must comply with the notice if:
the person agrees to pay damages to a veteran or dependant in respect of the incapacity or the death; or
damages against the person are awarded to the veteran or dependant in proceedings instituted in respect of the incapacity or death.
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