Document ID: chunk:federal_register_of_legislation:C2018A00118:clause:5_4
Version: federal_register_of_legislation:C2018A00118
Segment Type: clause
Provision Reference: sch 5 cl 4
Character Range: 45085–46925

4  Subsections 254(3) and (4)
Repeal the subsections, substitute:

Application for entitlement determination
 (3) A person who claims to be entitled to any moneys that have been paid to the Commonwealth under subsection (2) or (2A) may make an application, in the approved form, to the Official Receiver for a determination that the person is so entitled.

Official Receiver satisfied person entitled to moneys
 (4) If a person makes an application in accordance with subsection (3) and the Official Receiver is satisfied that the person is entitled to those moneys or a part of those moneys, the Official Receiver must:
 (a) make a written determination to that effect; and
 (b) specify in the determination the amount to which the person is so entitled; and
 (c) give the person notice of the determination.
 (5) The Commonwealth must pay to the person an amount equal to the amount referred to in paragraph (4)(b). That amount is a repayment for the purposes of section 77 of the Public Governance, Performance and Accountability Act 2013.

Official Receiver not satisfied person entitled to moneys
 (6) If a person makes an application in accordance with subsection (3) and the Official Receiver is not satisfied as mentioned in subsection (4), the Official Receiver must:
 (a) make a written determination to that effect; and
 (b) give the person notice of the determination.

Review by the Court
 (7) The person may apply to the Court for review of a determination under subsection (4) or (6).
 (8) After reviewing the determination, the Court must:
 (a) affirm the determination; or
 (b) vary the determination; or
 (c) set aside the determination and substitute another determination.

Official Receiver's determination not a legislative instrument
 (9) A determination under subsection (4) or (6) is not a legislative instrument.