Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 415

Recovery of overpayments

  (1)   This section applies if:

  (a)   an amount of compensation is paid under this Act to a person as a result of a false or misleading statement or representation, or a failure or omission to comply with this Act; or

  (aa)   an amount is paid under an instrument made under section   268B to a person as a result of a false or misleading statement or representation, or a failure or omission to comply with this Act or the instrument; or

  (b)   an amount of compensation (other than an amount that the Commonwealth is entitled to recover under Division   2) that has been paid to a person under this Act should not have been paid; or

  (c)   a person is liable to pay an amount under this Act to the Commonwealth.

  (2)   However, this section does not apply in respect of a person if one or more of sections   315, 316 and 317 apply in respect of the person.

Note:   Chapter   6 has its own recovery provisions (see sections   315, 316 and 317).

  (3)   The amount is recoverable by the Commission from the person in a court of competent jurisdiction as a debt due to the Commonwealth.

  (4)   The recoverable amount may be deducted from an amount that is payable to or for the benefit of the person under this Act.


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