Document ID: chunk:federal_register_of_legislation:C2015A00128:clause:1_123yr
Version: federal_register_of_legislation:C2015A00128
Segment Type: clause
Provision Reference: sch 1 cl 123YR
Character Range: 6153–7051

123YR  Credit of income management account in error
 (1) If the Secretary is satisfied that an amount (the excess amount) has been credited to a person's income management account in error, the Secretary may determine, in writing, that:
 (a) the person's income management account is to be debited by one or more amounts equal to the excess amount; or
 (b) the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount.
Note: Paragraph (b)—for debt recovery, see Chapter 5 of the 1991 Act.
 (2) If the Secretary makes a determination under paragraph (1)(a):
 (a) the Income Management Record is debited by one or more amounts equal to the excess amount; and
 (b) the person's income management account is debited by one or more amounts equal to the excess amount.
 (3) A determination made under subsection (1) is not a legislative instrument.