Commonwealth Consolidated Acts

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FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 52

Recoverable payments

  (1)   If, apart from this subsection, the Commonwealth does not have power under this Act or a regulation made for the purposes of section   50 to pay an amount (the relevant amount ) to a person (the recipient ) purportedly as an advance or as financial assistance under such a regulation, then the Commonwealth may pay the relevant amount to the recipient.

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

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

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


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