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BOUNTY LEGISLATION AMENDMENT ACT 1995 No. 160 of 1995 - SECT 7
Taking account of payments made before this Act received Royal Assent
7.(1) This section applies if, before the day on which this Act received the
Royal Assent, a person received an amount that:
(a) purported to be an amount of bounty; and
(b) was paid to the person in reliance on a bounty declaration.
(2) If the amount did not exceed any entitlement to bounty that the person had
immediately before receiving the amount, the entitlement is taken to have been
reduced by the amount.
(3) If the amount exceeded any entitlement to bounty that the person had
immediately before receiving the amount, the amount must be taken into account
as a payment to the person in calculations for the purposes of any of the
following provisions dealing with overpayments that apply in relation to the
person:
(a) subsection 15(4), paragraph 17(3)(b) and section 18 of the Bounty
(Computers) Act 1984;
(b) subsection 23(4), paragraph 25(3)(b) and section 26 of the Bounty
(Machine Tools and Robots) Act 1985.
(4) Any right of the Commonwealth to recover the amount is extinguished,
except to the extent that:
(a) the Commonwealth is entitled to recover the amount under a provision
listed in subsection (3); or
(b) the amount was wrongfully obtained as a result of the commission of an
offence against:
(i) subsection 15(1) or 27(2) or (3) of the Bounty (Computers) Act
1984; or
(ii) subsection 23(1) or 35(2) or (3) of the Bounty (Machine Tools
and Robots) Act 1985.
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