Commonwealth Consolidated Acts

CORONAVIRUS ECONOMIC RESPONSE PACKAGE (PAYMENTS AND BENEFITS) ACT 2020 - SECT 9

  (1)   This section applies if:

  (a)   the Commissioner pays an amount by way of a Coronavirus economic response payment to a n entity ; and

  (b)   either:

  (i)   the entity was not entitled to the payment ; or

  (ii)   the amount paid is more than the correct amount of the entity's payment .

  (2)   The entity is liable to repay the following amount to the Commonwealth:

  (a)   if the entity was not entitled to the payment --the whole of the amount referred to in paragraph   ( 1)(a);

  (b)   if the amount paid is more than the correct amount of the entity's payment --the amount by which the amount paid exceeds the correct amount.

  (3)   An amount that an entity is liable to repay under subsection   ( 2) is due and payable on the day on which the Commissioner pays the amount referred to in paragraph   ( 1)(a).

  (4)   The Commissioner may make a written determination that the entity is not liable to repay an amount under subsection   ( 2), in which case the entity is not liable to repay the amount .

  (5)   A determination under subsection   ( 4) is not a legislative instrument.