Document ID: chunk:federal_register_of_legislation:C2012A00082:clause:1_156b
Version: federal_register_of_legislation:C2012A00082
Segment Type: clause
Provision Reference: sch 1 cl 156B
Character Range: 103032–104872

156B  Recoverable payments
 (1) If, apart from this subsection, the Commonwealth does not have power, under this Act or the superseded Act, to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the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 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;
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 subsection 112(2), if a payment under subsection (1) of this section relates to a benefit (within the meaning of this Act), the payment is taken to be a benefit.
 (5) For the purposes of section 134 of the superseded Act, if a payment under subsection (1) of this section relates to a pension or other money payable under the superseded Act, the payment is taken to be an amount of pension or other money payable under the superseded Act.

Benefit
 (6) For the purposes of this section (other than subsection (4)), benefit includes pension or other money payable under the superseded Act.