Document ID: chunk:federal_register_of_legislation:C2012A00082:clause:1_4c
Version: federal_register_of_legislation:C2012A00082
Segment Type: clause
Provision Reference: sch 1 cl 4C
Character Range: 36736–38603

4C  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, 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 designated Secretary, 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;
then:
 (c) the relevant amount; or
 (d) such part of the relevant amount as the designated Secretary determines;
may, if the designated Secretary 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 subsection 4AA(5), if a payment under subsection (1) of this section relates to a benefit under subsection 4AA(2), the payment is taken to be a benefit under subsection 4AA(2).
 (5) For the purposes of section 5, if a payment under subsection (1) of this section relates to an allowance under section 4, the payment is taken to be an allowance under section 4.

Benefit
 (6) For the purposes of this section, benefit means:
 (a) an allowance under section 4; or
 (b) a benefit under subsection 4AA(2).

Designated Secretary
 (7) For the purposes of this section, designated Secretary means the Secretary of the Department administered by the Minister who administers sections 4 and 4AA.