Document ID: chunk:federal_register_of_legislation:C2024C00613:section:167
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 167
Character Range: 324183–326105

167  Recovery of amounts (other than funding contribution and late payment penalty)
 (1) If an amount has been paid to a person or an institution (the recipient) under this Act, the amount is a debt due to the Commonwealth only to the extent expressly provided for by this section.
 (2) If the amount paid to the recipient was not payable because:
 (a) the amount was paid to the wrong person or institution; or
 (b) the amount exceeds the amount payable to the recipient;
then the amount paid, or the excess, is a debt due to the Commonwealth by the recipient.
 (3) If the amount paid to the recipient was paid wholly or partly because of a false or misleading statement, or a misrepresentation, by the recipient or another person, then an amount equal to so much of the amount paid as is attributable to the false or misleading statement, or the misrepresentation, is a debt due to the Commonwealth by the recipient.
 (4) If:
 (a) the recipient was required under section 181 to notify the Operator about a matter; and
 (b) the recipient did not comply with the requirement; and
 (c) had the Operator been notified as required, the amount that was paid to the recipient would not have been payable;
then an amount equal to so much of the amount paid as is attributable to the failure to comply with the requirement is a debt due to the Commonwealth by the recipient.
 (4A) The amount paid to the recipient is a debt due to the Commonwealth if:
 (a) the amount was an advance payment paid in relation to a person after the person made an application for redress under the scheme; and
 (b) either:
 (i) the person withdraws the application under section 22; or
 (ii) the Operator gives the person an offer of redress under section 39, and the person declines the offer under section 45.
 (5) A debt due by the recipient under this section in relation to an amount arises at the time the amount was paid to the recipient.