Commonwealth Consolidated Acts

AUSTRALIAN DEFENCE FORCE COVER ACT 2015 - SECT 61

  (1)   If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount ) to or for a person (the recipient ) purportedly as a benefit, then the Commonwealth may pay the relevant amount to or for 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 CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.

  (3)   If:

  (a)   a payment is made under subsection   (1) to or for the recipient; and

  (b)   a benefit is paid or payable to or for the recipient;

the relevant amount, or such part of it as the Board determines, may, if the Board so directs, be recovered by deduction from that benefit.