Commonwealth Consolidated Acts

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SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 114

Recovery of overpayments

  (1)   Subject to subsection   (1A), if:

  (a)   an amount of compensation under this Act has been paid to a person in consequence of a false or misleading statement or representation or in consequence of a failure or omission to comply with a provision of this Act;

  (b)   an amount of compensation 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 to a relevant authority under this Act;

the amount concerned is recoverable by the relevant authority from the person in a court of competent jurisdiction as a debt due to the relevant authority.

  (1A)   Paragraph   (1)(b) does not apply to an amount of compensation that the relevant authority is entitled to recover under section   114B.

  (2)   Where an amount is recoverable from a person under subsection   (1) and an amount is payable under this Act to or for the benefit of that person, the recoverable amount may be deducted from the amount so payable.


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