Document ID: chunk:federal_register_of_legislation:C2024C00861:section:47j
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 47J
Character Range: 128103–129343

47J  Property obtained because of fundamental mistake
 (1) For the purposes of this Subdivision, if:
 (a) a person gets property by another's fundamental mistake; and
 (b) the person is under a legal obligation to make restoration (in whole or in part) of the property or its proceeds;
then, to the extent of that obligation, the property or proceeds belong (as against the person) to the person entitled to restoration.
 (2) For the purposes of this Subdivision, an intention not to make restoration is:
 (a) an intention to permanently deprive the person so entitled of the property or proceeds; and
 (b) an appropriation of the property or proceeds without the consent of the person entitled to restoration.
 (3) For the purposes of this section, a fundamental mistake is:
 (a) a mistake about the identity of the person getting the property; or
 (b) a mistake as to the essential nature of the property; or
 (c) a mistake about the amount of any money if the person getting the money is aware of the mistake at the time of getting the money.
 (4) In this section:
money includes anything that is equivalent to money. For this purpose, cheques, negotiable instruments and electronic funds transfers are taken to be equivalent to money.