New South Wales Consolidated Acts

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WORKERS COMPENSATION ACT 1987 - SECT 172

Recovery of unpaid premiums

172 Recovery of unpaid premiums

(cf former s 18 (7C))

(1) Where--
(a) an employer has not elected under section 171 to pay a premium by instalments and fails to pay the full amount of the premium within 1 month after service on the employer of a notice that payment of the premium is due,
(b) an employer who has elected under section 171 to pay a premium by instalments fails to pay an instalment by the due date, or
(c) an employer has failed to pay an adjustment of premium within 1 month after service on the employer of a notice that payment of the amount of the adjustment is due,
the full amount of the premium (in the case referred to in paragraph (a)), the balance of the premium unpaid or, where no instalment has been paid, the full amount of the premium (in the case referred to in paragraph (b)) or the amount of the adjustment (in the case referred to in paragraph (c)) together with a late payment fee calculated at the prescribed rate may be recovered as a debt in a court of competent jurisdiction.
(2) The payment of a late payment fee under this section may be waived by the insurer concerned, but only with the approval of the Authority.
(3) In proceedings under this section for the recovery of any unpaid premium with a late payment fee, the court may, if satisfied that a notice for payment was delayed because of delay of the employer in providing returns to the insurer, for the purpose of assessing the premiums, treat the notice as having been served on an earlier date.
(5) In this section--

"prescribed rate" means--
(a) the rate prescribed by the regulations, or
(b) if no rate is prescribed by the regulations--a rate specified by the Workers Compensation Market Practice and Premiums Guidelines in relation to the amount or balance outstanding, or
(c) if no rate is prescribed by the regulations or specified in the Workers Compensation Market Practice and Premiums Guidelines--the rate of 1.2% of the relevant amount or balance per month compounded monthly.



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