Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if:
(a) the Secretary purports to take action under Division 6; and
(b) apart from this section, the action is invalid; and
(c) the action is due to an administrative error.
Relevant excess
(2) If the action purportedly taken results in an amount (an excess amount ) being 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.
(3) If the Secretary makes a determination under paragraph (2)(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.
Debt due to the Commonwealth
(4) If the action purportedly taken results in an amount (an excess amount ) being paid to a person in error and the person does not have an income management account, an amount equal to the excess amount is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
(5) If the action purportedly taken results in a voucher being given to a person in error, an amount equal to the face value of the voucher is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
(6) If the action purportedly taken results in a stored value card being given to a person in error, an amount equal to the monetary value of the stored value card is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
(7) Subject to subsection (8), if the action purportedly taken results in a payment being made to the credit of an account held by a person with:
(a) a bank; or
(b) a person specified in a legislative instrument made by the Secretary for the purposes of subparagraph 123YK(2)(a)(ii) or (b)(ii) or 123YL(2)(a)(ii) or (b)(ii);
in error, an amount equal to the amount of the payment is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
(8) If an account mentioned in subsection (7) is held by a person jointly or in common with another person, each account holder is jointly and severally liable for the payment of a debt due to the Commonwealth under that subsection.
(9) If the action purportedly taken results in a payment being made to a person by way of a cheque or cash, and the payment is made in error, an amount equal to the amount of the payment is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.
Crediting of amounts
(10) If the action purportedly taken results in an amount (a shortfall amount ) being debited from a person's income management account in error, an amount equal to the shortfall amount must be:
(a) credited to the Income Management Record; and
(b) credited to the person's income management account.
(11) A determination made under subsection (2) is not a legislative instrument.