Document ID: chunk:federal_register_of_legislation:C2012A00082:clause:1_39a
Version: federal_register_of_legislation:C2012A00082
Segment Type: clause
Provision Reference: sch 1 cl 39A
Character Range: 111436–112823

39A  Recoverable payments
 (1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit under the Rules, then the Commonwealth may pay the relevant amount to the recipient.

Recovery
 (2) If a payment is made under subsection (1) to the recipient, the relevant amount:
 (a) is a debt due to the Commonwealth by the recipient; and
 (b) may be recovered by the Chief Executive Officer of ComSuper, 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).
 (3) If:
 (a) a payment is made under subsection (1) to the recipient; and
 (b) the recipient is receiving, or is entitled to receive, a benefit under the Rules;
then:
 (c) the relevant amount; or
 (d) such part of the relevant amount as the Chief Executive Officer of ComSuper determines;
may, if the Chief Executive Officer of ComSuper so directs, be recovered by deduction from that benefit.
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 section 18, a payment under subsection (1) of this section is taken to be a payment by the Commonwealth under section 16 or 16A.