Commonwealth Consolidated Acts

DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973 - SECT 124B

  (1)   If, apart from this subsection, the Commonwealth does not have power, under this Act or the previous legislation, to pay an amount (the relevant amount ) to a person (the recipient ) purportedly as a benefit, then the Commonwealth may pay the relevant amount to 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 the recipient; and

  (b)   the recipient is receiving, or is entitled to receive, a benefit;

then:

  (c)   the relevant amount; or

  (d)   such part of the relevant amount as the Board of CSC determines;

may, if the Board of CSC so directs, be recovered by deduction from that benefit.

  (4)   For the purposes of subsections   126(4) and (5), in determining whether an amount is payable, disregard subsection   (1) of this section.

  (5)   If the relevant amount is recovered under subsection   126(4) or (5), the relevant amount cannot be recovered under subsection   (2) or (3) of this section.

  (6)   If the relevant amount is recovered under subsection   (2) or (3) of this section, the relevant amount cannot be recovered under subsection   126(4) or (5).

Benefit

  (7)   For the purposes of this section, benefit includes pension or other money payable under the previous legislation.