(1) If:
(a) a person is entitled to an amount of family assistance (other than child care subsidy or additional child care subsidy); and
(b) the person is liable for an amount of primary tax;
the Commissioner of Taxation may determine that the whole or a part of the entitlement is to be set off against the liability.
(2) If the Commissioner of Taxation does so:
(a) the amount of the entitlement and the amount of the liability are reduced accordingly; and
(b) the person is taken to have paid so much of the amount of the tax as is equal to the amount set off against the tax liability at the time when the Commissioner sets off the amount or at any earlier time that the Commissioner determines.
(3) This section has effect in spite of anything in any other Act or any other law of the Commonwealth.