Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) an amount is paid under section 205A or 205C (business continuity payments) in respect of a child care service; and
(b) any of the following occurs:
(i) the approval of the provider of the service is suspended or cancelled;
(ii) the approval of the provider of the service is varied to remove the service from the approval;
(iii) the approval of the provider in respect of the service is suspended; and
(c) the whole or a part of the amount has not already been set off against another amount under section 205B by the day the suspension, cancellation or variation takes effect;
then that whole or part is a debt due to the Commonwealth by the provider immediately before the provider's approval was suspended, cancelled or varied.
(1A) If:
(a) an amount is paid under section 205C (business continuity payments--emergency or disaster) in respect of a child care service; and
(b) the provider of the service is not eligible for the whole or a part of the payment;
then that whole or part is a debt due to the Commonwealth by the provider.
(2) If:
(a) a payment under section 205A or 205C is made to a financial institution for the credit of an account kept with the institution (an incorrect account ); and
(b) the Secretary is satisfied that the amount paid to the institution was intended to be paid for the credit of an account kept in the name of a person who was not the person, or one of the persons, in whose name the incorrect account was kept;
an amount equal to the amount of the payment made to the institution is, subject to subsection 93A(5), a debt due to the Commonwealth by the person, or jointly and severally by the persons, in whose name the incorrect account was kept.