Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p32
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 76782–79447

to a prescribed class of persons to whom this section applies.".

Recovery of unpaid contributions, &c.
63. Section 156 of the Principal Act is amended by adding at the end thereof the following sub-sections:

"(4) Where, for any reason (including the making of, or cancellation of, an election under this Act), an amount of benefit has been paid that is not payable, or has become not payable, the amount so paid may be recovered by the Commissioner in a court of competent jurisdiction as a debt due and payable to the Commissioner.

"(5) Where, for any reason (including the making of, or cancellation of, an election under this Act), an amount of benefit has been paid that is not payable, or has become not payable, and the person to whom that amount was paid is receiving, or is entitled to receive, a benefit, that amount, or such part of that amount as the Commissioner determines, may, if the Commissioner in his discretion so directs, be recovered by deduction from that benefit.

"(6) In sub-sections (4) and (5), 'benefit' includes pension or other moneys payable under the superseded Act.".

General provisions applicable to elections under Act
64. Section 157 of the Principal Act is amended by adding at the end thereof the following sub-section:

"(3) Where—
     (a) a person makes an election (whether before or after the commencement of this sub-section) under section 62, 64, 68, 69, 71, 72, 83, 84, 86, 87, 92 or 137;
     (b) the person who made the election, or another person (being a person who is prescribed or included in a prescribed class of persons), makes an application to the Commissioner not later than 3 months after the day on which the election is made or the day on which this sub-section comes into operation, whichever is the later, or within such further period as the Commissioner, in special circumstances, allows, requesting that the Commissioner cancel the election; and
     (c) the Commissioner, having regard to such matters (if any) as are prescribed and such other matters as he considers relevant, is satisfied that the election should be cancelled,
the Commissioner may direct that the election shall be cancelled and, if he so directs, this Act has effect as if the election had not been made.".

Payments to the Commonwealth by authorities in respect of eligible employees
65. Section 159 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-sections:

 "(1a) Where, in pursuance of a provision of this Act, an amount is paid out of the Consolidated Revenue Fund to or in respect of a person who is or has been an eligible employee, being an eligible employee who is or