Document ID: chunk:federal_register_of_legislation:C2004A03346:section:15
Version: federal_register_of_legislation:C2004A03346
Segment Type: section
Provision Reference: s 15
Character Range: 19569–20944

15  Recovery of overpayments
 (1) Where:
 (a) a person has been paid an amount by way of:
 (i) parliamentary salary; or
 (ii) parliamentary superannuation benefit; and
 (b) the amount so paid exceeds the amount that the person would have been entitled to be paid if Part II had been enacted, and had come into operation, on 1 July 1986;
the person is liable to pay to the Commonwealth the amount of the excess.
 (2) Where a person is liable to pay an amount to the Commonwealth under subsection (1):
 (a) the amount may be recovered, as a debt due to the Commonwealth, by action in a court of competent jurisdiction; and
 (b) the amount may be deducted from any other amount that is payable to the person by way of parliamentary salary or parliamentary superannuation benefit, as the case requires.
 (3) In this section:
parliamentary salary means an allowance paid to a member of the Parliament, being:
 (a) an allowance of the kind referred to as basic salary in paragraph 1 of Determination No. 8 of 1986 of the Remuneration Tribunal dated 6 June 1986; or
 (b) an allowance of the kind referred to as additional salary in paragraph 1 of Determination No. 7 of 1986 of the Remuneration Tribunal dated 6 June 1986.
parliamentary superannuation benefit means a retiring allowance, annuity or other benefit payable under the Parliamentary Contributory Superannuation Act 1948.