Document ID: chunk:federal_register_of_legislation:C2013A00053:clause:1_16a
Version: federal_register_of_legislation:C2013A00053
Segment Type: clause
Provision Reference: sch 1 cl 16A
Character Range: 23318–26002

16A  Recoverable payments
 (1) If, apart from this subsection, the Commonwealth does not have power under this 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 (as determined under the Financial Management and Accountability Act 1997) of the relevant agency, 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 (as determined under the Financial Management and Accountability Act 1997) of the relevant agency determines;
may, if the Chief Executive so directs, be recovered by deduction from that benefit, unless the recipient is a Justice or Judge of a federal court.
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 7(13), if a payment under subsection (1) of this section relates to remuneration (including salary) or an allowance under subsection 7(9), the payment is taken to be remuneration or an allowance under subsection 7(9).
 (5) For the purposes of subsection 7(13), if a payment under subsection (1) of this section relates to reimbursement under subsection 7(10), the payment is taken to be reimbursement under subsection 7(10).

Benefit
 (6) For the purposes of this section, benefit means:
 (a) remuneration (including salary) or an allowance under subsection 7(9); or
 (b) a reimbursement under subsection 7(10).

Relevant agency
 (7) For the purposes of this section, the relevant agency, in relation to a recovery under this section of the whole or part of a relevant amount, means:
 (a) the Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) that paid the relevant amount under subsection (1) on behalf of the Commonwealth; or
 (b) if a different Agency is prescribed in an instrument under subsection (8)—the Agency.
 (8) The Minister may, by legislative instrument, prescribe an Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) for the purposes of paragraph (7)(b).