Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if:
(a) a person (the first person ) is subject to the income management regime; and
(b) the Secretary purports to take action under Division 6; and
(c) apart from this section, the action is invalid because of a breach of whichever of the following requirements is applicable under Division 6:
(i) in the case of giving a voucher--the requirement that the face value of the voucher must not exceed the credit balance of the first person's income management account;
(ii) in the case of giving a stored value card--the requirement that the monetary value stored on the card must not exceed the credit balance of the first person's income management account;
(iii) in the case of increasing the monetary value stored on a stored value card--the requirement that the increase in the monetary value must not exceed the credit balance of the first person's income management account;
(iv) in the case of paying an amount--the requirement that the amount paid must not exceed the credit balance of the first person's income management account;
(v) in the case of taking an action under subsection 123YQ(2)--the requirement that the non - administrative expenses paid by the Commonwealth in relation to the taking of the action must not exceed the credit balance of the first person's income management account; and
(d) the breach was the result of an administrative error or oversight.
Validation
(2) Both:
(a) the action taken by the Secretary; and
(b) the resulting debit from the first person's income management account;
are as valid as they would have been if:
(c) the requirement mentioned in paragraph (1)(c) were not applicable to the action; and
(d) this Part had allowed the first person's income management account to have a debit balance.
(2A) To avoid doubt, the action to which subparagraph (1)(c)(ii), (iii), (iv) or (v) applies is covered by paragraph 123ZN(1)(e), (f), (g) or (h) (as the case requires).
Relevant excess
(3) For the purposes of this section, the relevant excess is:
(a) in the case of giving a voucher--the amount by which the face value of the voucher exceeds the credit balance of the first person's income management account; or
(b) in the case of giving a stored value card--the amount by which the monetary value stored on the card exceeds the credit balance of the first person's income management account; or
(c) in the case of increasing the monetary value stored on a stored value card--the amount by which the increase in the monetary value exceeds the credit balance of the first person's income management account; or
(d) in the case of paying an amount--the amount by which the amount paid exceeds the credit balance of the first person's income management account; or
(e) in the case of taking an action under subsection 123YQ(2)--the amount by which the non - administrative expenses paid by the Commonwealth in relation to the taking of the action exceeds the credit balance of the first person's income management account.
Crediting of amounts
(4) An amount equal to the relevant excess is:
(a) credited to the Income Management Record; and
(b) credited to the first person's income management account.
Recovery
(5) An amount equal to the relevant excess is a debt due by the first person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.