Document ID: chunk:federal_register_of_legislation:C2025C00122:section:59:p21
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 59 (pt 21/26)
Character Range: 536598–539362

make an affirmation; and
 (b) administer an oath or affirmation to the person.
 (3) The oath or affirmation to be taken or made by the person for the purposes of subsection (2) is an oath or affirmation that the statements that the person will make will be true.

Circumstances in which a person is not required to take an oath etc.
 (4) A person is not required to comply with a requirement under subsection (2) to take an oath or make an affirmation for the purposes of answering questions if those questions do not relate to the affairs of an approved provider that is a *corporation.
Note: Approved providers have a responsibility under paragraph 63‑1(1)(b) to cooperate with a person who is performing functions, or exercising powers, under this Part. Failure to comply with that responsibility may result in a sanction being imposed on the provider under Part 7B of the *Quality and Safety Commission Act.

Offence
 (5) A person commits an offence if:
 (a) the person is required by an *authorised officer to take an oath or make an affirmation for the purposes of answering questions; and
 (b) the person refuses or fails to comply with the requirement; and
 (c) the questions relate to the affairs of an approved provider and the provider is a *corporation.
Penalty: 30 penalty units.

Division 94—Appointment of authorised officers

94‑1  Authorised officers must carry identity card
  An *authorised officer must carry the officer's *identity card at all times when performing functions, or exercising powers, under Division 91 as an authorised officer.
Note: An authorised officer is also required to carry the officer's identity card when exercising powers under Part 2 or 3 of the *Regulatory Powers Act (see subsections 35(6) and 76(6) of that Act).

94‑2   Appointment of authorised officers
 (1) The Secretary may, in writing, appoint a person who is an APS employee in the Department as an *authorised officer for the purposes of this Part.
 (2) The Secretary must not appoint a person as an *authorised officer under subsection (1) unless the Secretary is satisfied that the person has suitable training or experience to properly perform the functions, or exercise the powers, of an authorised officer.
 (3) An *authorised officer must, in performing the officer's functions or exercising the officer's powers, comply with any directions of the Secretary.
 (4) If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.

Part 6.5—Recovery of overpayments

Division 95—Recovery of overpayments

95‑1  Recoverable amounts
 (1) If the Commonwealth pays an amount to a person by way of *subsidy, any part of the amount that is an overpayment is a recoverable amount.
 (2) If:
 (a) the Commonwealth pays an