Document ID: chunk:federal_register_of_legislation:C2013A00053:clause:1_16b:p1
Version: federal_register_of_legislation:C2013A00053
Segment Type: clause
Provision Reference: sch 1 cl 16B (pt 1/2)
Character Range: 26002–28707

16B  Recoverable death payments
 (1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) in any of the following circumstances:
 (a) the relevant amount is deposited to an account kept in the name of a deceased person;
 (b) the relevant amount is deposited to an account kept in the names of a deceased person and another person;
 (c) the relevant amount is paid by way of a cheque made out to a deceased person;
the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:
 (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency did not know that the deceased person had died; and
 (e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.
 (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person's estate.

Recovery
 (3) If a payment is made under subsection (1), the relevant amount:
 (a) is a debt due to the Commonwealth by the legal personal representative of the deceased person; and
 (b) may be recovered by the Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency, on behalf of the Commonwealth, in a court of competent jurisdiction.
Note: See also section 47 of the Financial Management and Accountability Act 1997 (duty to pursue recovery of a debt).

Appropriation
 (4) For the purposes of subsection 7(13), if a payment under subsection (1) of this section relates to remuneration (including salary) or an allowance under subsection 7(9), the payment is taken to be remuneration or an allowance under subsection 7(9).
 (5) For the purposes of subsection 7(13), if a payment under subsection (1) of this section relates to reimbursement under subsection 7(10), the payment is taken to be reimbursement under subsection 7(10).

Benefit
 (6) For the purposes of this section, benefit means:
 (a) remuneration (including salary) or an allowance under subsection 7(9); or
 (b) a reimbursement under subsection 7(10).

Relevant agency
 (7) For the purposes of this section, the relevant agency, in relation to a payment or recovery under this section of the whole or part of a relevant amount, means:
 (a) the Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) that paid the relevant amount under subsection (1) on behalf of the Commonwealth; or
 (b) if a