Document ID: chunk:federal_register_of_legislation:C2013C00026:clause:3_61h
Version: federal_register_of_legislation:C2013C00026
Segment Type: clause
Provision Reference: sch 3 cl 61H
Character Range: 142985–145029

61H  Debts relating to clean energy advances

 (1) This section applies if:
 (a) a person has been paid a clean energy advance for a clean energy underlying payment; and
 (b) after the advance was paid, one of the following events happens to a determination that directly or indirectly affected the payability or amount of the clean energy advance paid to the person:
 (i) the determination is changed, revoked or set aside;
 (ii) the determination is superseded by another determination; and
 (c) the event happened wholly or partly because the person knowingly made a false or misleading statement or knowingly provided false information; and
 (d) had the event happened on or before the day the advance was paid:
 (i) the advance would not have been paid; or
 (ii) the advance would have been reduced.

Note 1: Examples of determinations directly affecting the payability or amount of the clean energy advance include:
               (a) a determination relating to the person's eligibility for the clean energy underlying payment to which the advance related; and
               (b) the determination of the person's eligibility for the clean energy advance.

Note 2: An example of a determination indirectly affecting the amount of the advance is a determination relating to a change in circumstances that results in the person becoming eligible for a further payment of the advance under an instrument made under section 61F.

Creation and amount of debt

 (2) The advance is a debt due to the Commonwealth by the person if subparagraph (1)(d)(i) applies.

 (3) The amount by which the advance would have been reduced is a debt due to the Commonwealth by the person if subparagraph (1)(d)(ii) applies.

Relationship with other sections

 (4) The other provisions of this Act under which debts arise do not apply in relation to clean energy advances to which this section applies.

 (5) A debt that arises under this section is a recoverable amount within the meaning of subsection 205(8).

Division 5—Multiple entitlement exclusions