Document ID: chunk:federal_register_of_legislation:C2024A00008:clause:3_54
Version: federal_register_of_legislation:C2024A00008
Segment Type: clause
Provision Reference: sch 3 cl 54
Character Range: 43387–44611

54  Overpayments of financial assistance

Set‑off
 (1) The CEO may, on behalf of the Commonwealth, set off the whole or a part of an overpayment of an amount of financial assistance to an organisation under this Division against another payment of financial assistance to the organisation under this Division.

Notice requiring organisation to pay amount to Commonwealth
 (2) If the CEO is not able to do so, the CEO may give the organisation a written notice:
 (a) specifying the amount the Commonwealth is not able to set off; and
 (b) requiring the organisation to pay to the Commonwealth the amount specified in the notice; and
 (c) specifying the period within which the organisation must pay the amount specified in the notice, which must be a period of at least 28 days starting on the day on which the notice is given.

Debt
 (3) If the organisation is required by a notice under subsection (2) to pay an amount to the Commonwealth and an amount payable by the organisation remains unpaid at the end of the period specified in the notice, the amount unpaid:
 (a) is a debt due to the Commonwealth; and
 (b) may be recovered by the CEO, on behalf of the Commonwealth, by action in a court of competent jurisdiction.