Document ID: chunk:federal_register_of_legislation:F2016L01901:reg:13
Version: federal_register_of_legislation:F2016L01901
Segment Type: reg
Provision Reference: reg 13
Character Range: 7476–8582

13  Recovery of overpayments
 (1) This regulation is made for the purposes of section 16AM of the Act.
 (2) If an amount is paid to, or applied for the benefit of, an account‑holder purportedly to meet an entitlement of the account‑holder under Subdivision C of Division 2AA of Part II of the Act and the amount is in excess of the account‑holder's entitlement (if any) under that Subdivision, the excess amount is a debt due to APRA.
 (3) APRA may recover the amount of the debt:
 (a) by bringing proceedings for recovery of the debt in a court of competent jurisdiction; or
 (b) by withholding the amount of the debt from another payment that would otherwise be paid to the account‑holder under Subdivision C of Division 2AA of Part II of the Act; or
 (c) from any distribution payable to the account‑holder under Subdivision E of Division 2AA of Part II of the Act.
 (4) Nothing in this regulation is intended to limit the way in which APRA may recover the debt.
 (5) APRA may, if it considers it appropriate to do so in the particular circumstances of the case, waive the whole or a part of the debt.