Document ID: chunk:federal_register_of_legislation:C2024C00469:section:38:p2
Version: federal_register_of_legislation:C2024C00469
Segment Type: section
Provision Reference: s 38 (pt 2/2)
Character Range: 53015–53825

a debt due to the Commonwealth by the member; and
 (b) may be recovered, on behalf of the Commonwealth, by the resources provider who provided the public resources, by action in a relevant court.

Alternative method of recovery: reduction of future amounts
 (6) A resources provider may determine, in writing, that an amount of public resources that is payable to the member by the resources provider is reduced by all or part of any amount that is recoverable as a debt under subsection (5) from the member. The determination has effect accordingly.
 (7) The resources provider must consult the member before making the determination.

Former members
 (8) Subsections (3) to (5) continue to apply to a person who ceases to be a member as if a reference to the member included a reference to the former member.