Document ID: chunk:federal_register_of_legislation:C2012A00082:clause:1_51b
Version: federal_register_of_legislation:C2012A00082
Segment Type: clause
Provision Reference: sch 1 cl 51B
Character Range: 60305–62224

51B  Transitional—recoverable payments relating to retention benefit
 (1) If, apart from this subsection, the Commonwealth does not have power, under repealed Part 8 of this Act as continued in force by item 4 of Schedule 4 to the Defence Legislation Amendment Act (No. 1) 2005, to pay an amount (the relevant amount) to a person (the recipient) purportedly as a retention 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 Secretary of the Department, 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, an amount under a determination made under Part IIIA of the Defence Act 1903;
then:
 (c) the relevant amount; or
 (d) such part of the relevant amount as the Secretary of the Department determines;
may, if the Secretary of the Department so directs, be recovered by deduction from the amount mentioned in paragraph (b).
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 (4) For the purposes of repealed section 39 of this Act as continued in force by item 4 of Schedule 4 to the Defence Legislation Amendment Act (No. 1) 2005, a payment under subsection (1) of this section is taken to be a retention benefit.

Retention benefit
 (5) For the purposes of this section, retention benefit means retention benefit under repealed Part 8 of this Act as continued in force by item 4 of Schedule 4 to the Defence Legislation Amendment Act (No. 1) 2005.