Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If an amount has been paid to a person or an institution (the recipient ) under this Act, the amount is a debt due to the Commonwealth only to the extent expressly provided for by this section.
(2) If the amount paid to the recipient was not payable because:
(a) the amount was paid to the wrong person or institution; or
(b) the amount exceeds the amount payable to the recipient;
then the amount paid, or the excess, is a debt due to the Commonwealth by the recipient.
(3) If the amount paid to the recipient was paid wholly or partly because of a false or misleading statement, or a misrepresentation, by the recipient or another person, then an amount equal to so much of the amount paid as is attributable to the false or misleading statement, or the misrepresentation, is a debt due to the Commonwealth by the recipient.
(4) If:
(a) the recipient was required under section 181 to notify the Operator about a matter; and
(b) the recipient did not comply with the requirement; and
(c) had the Operator been notified as required, the amount that was paid to the recipient would not have been payable;
then an amount equal to so much of the amount paid as is attributable to the failure to comply with the requirement is a debt due to the Commonwealth by the recipient.
(4A) The amount paid to the recipient is a debt due to the Commonwealth if:
(a) the amount was an advance payment paid in relation to a person after the person made an application for redress under the scheme; and
(b) either:
(i) the person withdraws the application under section 22; or
(ii) the Operator gives the person an offer of redress under section 39, and the person declines the offer under section 45.
(5) A debt due by the recipient under this section in relation to an amount arises at the time the amount was paid to the recipient.