Commonwealth Numbered Acts

SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SECT 61

61. After section 1224 of the Principal Act the following section is inserted:
Person other than payee obtaining payment of a cheque

"1224AA.(1) If:

   (a)  an instalment of a social security payment is paid by cheque; and

   (b)  a person other than the payee obtains possession of the cheque from
        the payee; and

   (c)  the cheque is not endorsed by the payee to the person; and

   (d)  the person obtains value for the cheque; the amount of the cheque is a
        debt due by the person to the Commonwealth.

"(2) A debt due to the Commonwealth under this section is recoverable by the
Commonwealth by means of:

   (a)  if the person is receiving a social security payment under this
        Act-deductions from that person's payment; or

   (b)  if section 1234A applies to another person who is receiving a social
        security payment under this Act-deductions from that other person's
        payment; or

   (c)  legal proceedings; or

   (d)  garnishee notice. Note 1: For 'deductions' see sections 1231 and
        1234A. Note 2: For 'legal proceedings' see section 1232. Note 3: For
        'garnishee notice' see section 1233. Application overseas

"(3) This section extends to:

   (a)  acts, omissions, matters and things outside Australia, whether or not
        in a foreign country; and

   (b)  all persons irrespective of their nationality or citizenship.".