Document ID: chunk:federal_register_of_legislation:C2009A00004:clause:5_1223abaab:p1
Version: federal_register_of_legislation:C2009A00004
Segment Type: clause
Provision Reference: sch 5 cl 1223ABAAB (pt 1/2)
Character Range: 42911–45671

1223ABAAB  Debts arising in respect of training and learning bonuses etc.

 (1) If:
 (a) an individual has been paid a training and learning bonus, farmers hardship bonus or an education entry payment supplement; and
 (b) after the payment was made to the individual, a determination in relation to the individual, at least so far as it relates to 3 February 2009 or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and
 (c) the determination is one to which subsection (2) applies in relation to the payment; and
 (d) the decision to change, revoke, set aside or supersede the determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and
 (e) had the change, revocation, setting aside or superseding occurred on or before 3 February 2009, the payment would not have been made;
the amount of the payment is a debt due to the Commonwealth by the individual.

 (2) This subsection applies to:
 (a) if the individual qualified for the payment because of paragraph 910(2)(a), (b), (c) or (d) of this Act—a determination made under Part 3 of the Administration Act because of which the individual was receiving a payment of a kind referred to in that paragraph; and
 (b) if the individual qualified for the payment because of paragraph 910(2)(e) of this Act—a determination (however described) made under the ABSTUDY Scheme because of which the individual was receiving a payment of a kind referred to in that paragraph; and
 (c) if the individual qualified for the payment because of paragraph 910(2)(f) of this Act—a determination (however described) made under the Veterans' Children Education Scheme because of which the individual was receiving a payment of a kind referred to in that paragraph; and
 (d) if the individual qualified for the payment because of paragraph 910(2)(g) of this Act—a determination (however described) made under the Military Rehabilitation and Compensation Act Education and Training Scheme because of which the individual was receiving a payment of a kind referred to in that paragraph; and
 (e) if the individual qualified for the payment because of subsection 910(4) of this Act—a determination made under Part 3 of the Family Assistance Administration Act because of which the individual was entitled to family tax benefit; and
 (f) if the individual qualified for the payment because of paragraph 912(a) or (b) of this Act—a determination made under Part 3 of the Farm Household Support Act 1992 because of which the individual was paid an instalment of a payment of a kind referred to in that paragraph; and