Commonwealth Consolidated Acts

SUPERANNUATION ACT 1990 - SECT 39A

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

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.

Appropriation

  (4)   For the purposes of section   18, a payment under subsection   (1) of this section is taken to be a payment by the Commonwealth under section   16 or 16A.