Commonwealth Consolidated Acts

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PRIMARY INDUSTRIES LEVIES AND CHARGES DISBURSEMENT ACT 2024 - SECT 86

Recoverable payments

  (1)   If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount ) to a body purportedly as a payment under subsection   15(1), 23(1), 26(1), 27(1), 44(1), 48(1), 54(1) or 58(1), then the Commonwealth may pay the relevant amount to the body.

Debt

  (2)   If a payment is made under subsection   (1) to the body, the relevant amount:

  (a)   is a debt due to the Commonwealth by the body; and

  (b)   may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

Set - off

  (3)   The Commonwealth may set off the whole or a part of the relevant amount against a later payment the Commonwealth must make under this Act to the body.

  (4)   The debt under subsection   (2) is reduced by the amount of the set - off.

Appropriation

  (5)   The Consolidated Revenue Fund is appropriated for the purposes of making payments under subsection   (1).



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