Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If, apart from this subsection, the Commonwealth does not have power, under repealed Part 8 of this Act as continued in force by item 4 of Schedule 4 to the Defence Legislation Amendment Act (No. 1) 2005 , to pay an amount (the relevant amount ) to a person (the recipient ) purportedly as a retention 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 the Secretary of the Department, 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, an amount under a determination made under Part IIIA of the Defence Act 1903 ;
then:
(c) the relevant amount; or
(d) such part of the relevant amount as the Secretary of the Department determines;
may, if the Secretary of the Department so directs, be recovered by deduction from the amount mentioned in paragraph (b).
Appropriation
(4) For the purposes of repealed section 39 of this Act as continued in force by item 4 of Schedule 4 to the Defence Legislation Amendment Act (No. 1) 2005 , a payment under subsection (1) of this section is taken to be a retention benefit.
Retention benefit
(5) For the purposes of this section, retention benefit means retention benefit under repealed Part 8 of this Act as continued in force by item 4 of Schedule 4 to the Defence Legislation Amendment Act (No. 1) 2005 .