Document ID: chunk:federal_register_of_legislation:C2010A00034:clause:1_71gb
Version: federal_register_of_legislation:C2010A00034
Segment Type: clause
Provision Reference: sch 1 cl 71GB
Character Range: 4845–6108

71GB  Debts arising in respect of business continuity payments paid to service—debt owed by service
 (1) If:
 (a) an amount is paid to an approved child care service under section 219RD (business continuity payments); and
 (b) the service's approval is suspended or cancelled under this Act; and
 (c) the whole or a part of the amount has not already been set off against another amount under section 219RE by the day the service's approval is suspended or cancelled;
then that whole or part is a debt due to the Commonwealth by the service immediately before its approval was suspended or cancelled.
 (2) Subject to subsection 93A(5), if:
 (a) a payment under section 219RD is made to a financial institution for the credit of an account kept with the institution (the 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 or names the incorrect account was kept;
an amount equal to the amount of the payment made to the institution is a debt due to the Commonwealth by the person, or jointly and severally by the persons, in whose name or names the incorrect account was kept.