Queensland Consolidated Acts

AGENTS FINANCIAL ADMINISTRATION ACT 2014 - SECT 121

121 Recovery of overpayments

(1) This section applies if a claimant who has received a payment from the fund—

(a) recovers—

(i) an amount more than the claimant is entitled to recover under section 112 (the
"overpayment" ); or

(ii) a thing capable of physical delivery for which the claimant received a payment from the fund; or

(b) is entitled to less than the amount of the payment under the following—

(i) QCAT’s decision on review of the chief executive’s decision about the claimant’s claim;

(ii) a decision on appeal against a decision by QCAT about the claimant’s claim.

(2) The difference in the amount the claimant is entitled to and the amount of the payment mentioned in subsection (1) (b) is also an
"overpayment" .

(3) The claimant must—

(a) reimburse the overpayment to the fund; or

(b) for a thing capable of physical delivery—

(i) deliver the thing to the chief executive in accordance with the chief executive’s direction; or

(ii) reimburse to the fund the amount of the payment from the fund the person received for the thing.

Penalty—

Maximum penalty—200 penalty units.

(4) The chief executive may recover the overpayment or the amount of the payment from the fund the person received for the thing as a debt owing to the chief executive by the person.

(5) If the chief executive receives a thing, the chief executive may deal with the thing in the way the chief executive decides.