Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the Secretary is satisfied that an amount (the excess amount ) has been credited to a person's income management account in error, the Secretary may determine, in writing, that:
(a) the person's income management account is to be debited by one or more amounts equal to the excess amount; or
(b) the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount.
Note: Paragraph (b)--for debt recovery, see Chapter 5 of the 1991 Act.
(2) If the Secretary makes a determination under paragraph (1)(a):
(a) the Income Management Record is debited by one or more amounts equal to the excess amount; and
(b) the person's income management account is debited by one or more amounts equal to the excess amount.
(3) A determination made under subsection (1) is not a legislative instrument.