Commonwealth Numbered Acts

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SUPERANNUATION ACT 1990 No. 38, 1990 - SECT 39

Recovery of unpaid contributions etc.
39. (1) Any amount (including an amount of contributions) that is payable to
the Board under this Act or the Rules may be recovered by the Board in a court
of competent jurisdiction as a debt.

(2) Any contribution payable by a person to the Board under the Rules that
remains unpaid when the person ceases to be a member may be deducted from any
payment or payments of benefit payable under the Rules to, or in respect of,
the person.

(3) Where for any reason (including the making of, or cancellation of, an
election under the Rules), the Board has paid an amount of benefit that is, or
has become, not payable:

   (a)  the amount so paid may be recovered by the Board in a court
of competent jurisdiction as a debt; or

   (b)  where the person to whom that amount was paid is
receiving, or is entitled to receive, a benefit under the Rules, the
amount so paid, or such part of that amount as the Board
determines, may, if the Board in its discretion so directs, be
recovered by deduction from that benefit. 


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