Document ID: chunk:federal_register_of_legislation:C2024C00587:section:415
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 415
Character Range: 551832–553146

415  Recovery of overpayments
 (1) This section applies if:
 (a) an amount of compensation is paid under this Act to a person as a result of a false or misleading statement or representation, or a failure or omission to comply with this Act; or
 (aa) an amount is paid under an instrument made under section 268B to a person as a result of a false or misleading statement or representation, or a failure or omission to comply with this Act or the instrument; or
 (b) an amount of compensation (other than an amount that the Commonwealth is entitled to recover under Division 2) that has been paid to a person under this Act should not have been paid; or
 (c) a person is liable to pay an amount under this Act to the Commonwealth.
 (2) However, this section does not apply in respect of a person if one or more of sections 315, 316 and 317 apply in respect of the person.
Note: Chapter 6 has its own recovery provisions (see sections 315, 316 and 317).
 (3) The amount is recoverable by the Commission from the person in a court of competent jurisdiction as a debt due to the Commonwealth.
 (4) The recoverable amount may be deducted from an amount that is payable to or for the benefit of the person under this Act.

Division 2—Recovery of overpayments to persons receiving a Commonwealth superannuation benefit