Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a payment amount has been paid in respect of a person, the amount (or an amount equivalent to the amount) is a debt due to the Commonwealth only to the extent expressly provided for by this section.
(2) If an amount is paid to a person (the recipient ) but was not payable because:
(a) the amount was paid to the wrong person; or
(b) there is no determination of a payment amount, or no effective acceptance, that relates to the payment; or
(c) the amount exceeds the payment amount determined for a person;
the amount paid (or an amount equivalent to that amount), or the amount of the excess, is a debt due to the Commonwealth by the recipient.
(3) If:
(a) a payment amount is paid to a person (the recipient ) under this Act; and
(b) the amount was paid wholly or partly because of a false or misleading statement, or a misrepresentation, by the recipient or another person;
then an amount equal to so much of the payment amount as is attributable to the false or misleading statement, or the misrepresentation, is a debt due to the Commonwealth by the recipient.
Note: See also section 85 (joint and several liability for debts arising because of false and misleading statements).
( 4 ) A debt due by a person under this section in respect of an amount arises at the time the amount is paid to the person.