Queensland Numbered Acts

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QUEENSLAND INDEPENDENT REMUNERATION TRIBUNAL ACT 2013 No. 32 - SECT 56

56 Liability of former members to repay advance allowance

(1) If a member is paid an advance allowance and then stops being a member before the end of the period in relation to which the allowance is paid, the member is liable to repay the pro rata amount of the allowance relating to the remainder of the period (the overpayment).

(2) If any part of the overpayment is unpaid after the day (the relevant day) that is 6 months after the day the member stops being a member, the prescribed rate of interest is payable on the unpaid amount on and from the day after the relevant day.

(3) The overpayment together with any interest payable under subsection (2) is a debt owing to the State and may be recovered by the Clerk, with the approval of the Premier, in a court of competent jurisdiction.

(4) In this section—

advance allowance means an allowance of a particular type payable to a member under the members' handbook in relation to a period and in advance for the period.

pro rata amount, of an advance allowance relating to the remainder of a period, means the proportion of the amount of the allowance that is the same proportion that the remainder of the period bears to the whole period.



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