Document ID: chunk:federal_register_of_legislation:C2023C00393:clause:2_71h
Version: federal_register_of_legislation:C2023C00393
Segment Type: clause
Provision Reference: sch 2 cl 71H
Character Range: 165025–166484

71H  Debts in respect of business continuity payments paid to provider
 (1) If:
 (a) an amount is paid under section 205A (business continuity payments) in respect of a child care service; and
 (b) any of the following occurs:
 (i) the approval of the provider of the service is suspended or cancelled;
 (ii) the approval of the provider of the service is varied to remove the service from the approval;
 (iii) the approval of the provider in respect of the service is suspended; and
 (c) the whole or a part of the amount has not already been set off against another amount under section 205B by the day the suspension, cancellation or variation takes effect;
then that whole or part is a debt due to the Commonwealth by the provider immediately before the provider's approval was suspended, cancelled or varied.
 (2) If:
 (a) a payment under section 205A is made to a financial institution for the credit of an account kept with the institution (an incorrect account); and
 (b) the Secretary is satisfied that the amount paid to the institution was intended to be paid for the credit of an account kept in the name of a person who was not the person, or one of the persons, in whose name the incorrect account was kept;
an amount equal to the amount of the payment made to the institution is, subject to subsection 93A(5), a debt due to the Commonwealth by the person, or jointly and severally by the persons, in whose name the incorrect account was kept.