Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.10B - FINANCIAL SERVICES COMPENSATION SCHEME OF LAST RESORT  

Division 2 - Compensation payments under the scheme  

SECTION 1068   OFFER OF COMPENSATION PAYMENTS  

Offer of compensation

1068(1)    
If a person is eligible under section 1064 for compensation for a relevant AFCA determination made in respect of the person, the CSLR operator must offer to the person, in writing, the amount of compensation referred to in section 1067 for the determination.

1068(2)    
The offer must explain the effect of section 1069A (subrogation of rights).

1068(3)    
Before the offer is accepted by the person, the CSLR operator may vary or revoke the offer if the CSLR operator reasonably believes:

(a)    there is an error relating to the offer; or

(b)    there is fraud relating to the offer; or

(c)    there is a change in circumstances affecting:

(i) the person ' s eligibility under section 1064 for the amount of compensation in the offer; or

(ii) the amount of compensation in the offer; or

(d)    other exceptional circumstances exist that justify the variation or revocation.

Notification that person is not eligible for compensation

1068(4)    
If a person:

(a)    is not eligible under section 1064 for compensation for a relevant AFCA determination made in respect of the person; and

(b)    has made an application under section 1066 for compensation for the relevant AFCA determination;

the CSLR operator must, as soon as reasonably practicable, notify the person, in writing, that the person is not eligible for compensation.

1068(5)    
A notice to a person under subsection (4) must include reasons why the person is not eligible for compensation.