Document ID: chunk:federal_register_of_legislation:C2004A04132:schedule:1:p5
Version: federal_register_of_legislation:C2004A04132
Segment Type: schedule
Provision Reference: sch 1 (pt 5/6)
Character Range: 11406–13831

of the service; and

  (d)     the amount of benefit that was paid.

  (3) Where:

    (a)     before the commencement of this section, a person made a claim for payment of a benefit in respect of a service by reference to an item that, because of the retrospective operation of a provision of section 4 or 5, did not relate to the service; and

    (b)    the person has been paid in respect of the service a benefit calculated by reference to the fees specified in the item that, because of the retrospective operation of a provision of section 4 or 5, related to the service;

the person is taken to have been entitled to receive in respect of the service the amount of benefit that was paid.

  (4) Where:

    (a)     before the commencement of this section, a person made a claim for payment of a benefit in respect of a service by reference to an item that, because of the retrospective operation of a provision of section 4 or 5, did not relate to the service; and

  (b)     subsection (3) does not apply to the person; and

    (c)     the person has been paid in respect of the service a benefit calculated by reference to the fees specified in another item;

the person is taken to be entitled to receive the higher of:

  (d)     the amount of the benefit payable in respect of the service; and

  (e)     the amount of benefit that was paid.

(5) If, apart from this subsection, an amount to which a person is taken to be, or to have been, entitled under this section, would not be an amount payable by the Commonwealth under Part II of the Principal Act, that amount is taken, for the purposes of section 125 of that Act, to be an amount payable by the Commonwealth under that Part.

Saving

7. This Act does not affect the liability of any person to pay or repay an amount to the Commonwealth under Part V of the Principal Act.

NOTE

  1. No. 42, 1974, as amended. For previous amendments, see No. 58, 1975; Nos. 59, 91, 101, 109 and 157, 1976; No. 75, 1977; Nos. 36, 89 and 133, 1978; Nos. 53 and 123, 1979; No. 132, 1980; Nos. 118 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 54 and 139, 1983; Nos. 15, 46, 63, 120, 135 and 165, 1984; Nos. 24, 65, 70, 95 and 167, 1985; Nos. 28, 75 and 94, 1986; Nos. 44, 131, 132 and 141, 1987; Nos. 85, 87, 99 and 155, 1988; Nos. 59, 84. 95 and 164, 1989; Nos. 3, 106 and 141, 1990; and No. 6, 1991.

     [Minister's second reading speech made in—
         House of