ACCIDENT COMPENSATION COMMISSION v CITY OF HORSHAM

[1990] VR 853·YOUNG CJ, FULLAGAR and NATHAN JJ
[1990] VR 853
ACCIDENT COMPENSATION COMMISSION v CITY OF HORSHAM SUPREME COURT OF VICTORIA APPEAL DIVISION YOUNG CJ, FULLAGAR and NATHAN JJ 2, 20 October 1989
[1990] VR 853 AT 853
Accident compensationLevy payable by employerPower of Accident Compensation Commission to reduce levyEstablishment continuously in operation since 1 September 1985Employer transferring same operations from one establishment to another after 1 September 1985Whether establishment continuously in operationAccident Compensation Regulations 1985, reg31(3) . Reg31(3) of the Accident Compensation Regulations 1985 empowers the Accident Compensation Commission to reduce the levy rate payable by an employer "if the relevant levy rate prescribed under s187(2) of the Act that is applicable to the establishments of an employer in a prescribed industry which have been continuously in operation from 1 September 1985 is higher than the levy rate which applied to those establishments immediately before the commencement" of the regulation on 1 September 1987. On 1 September 1985 the City of Horsham had a municipal depot which it registered as an establishment under the Accident Compensation Act 1985. On 1 February 1987 operations at the depot ceased and were transferred to another depot The areas of the two depots were not contiguous. The operations carried on at both depots were the same.

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[1990] VR 853

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