Commonwealth Numbered Acts

COMMONWEALTH RECIPROCAL RECOVERY LEGISLATION AMENDMENT ACT 1994 No. 68 of 1994 - SECT 11

11. Section 205 of the Principal Act is amended:

   (a)  by adding at the end of paragraph (1)(a) "or";

   (b)  by adding at the end of paragraph (1)(b) "or";

   (c)  by adding at the end of subsection (1) the following word and
        paragraphs:

"; or (e) a person has incurred a debt under another Act (whether before or
after the commencement of this paragraph) for failing to repay part or all of
an amount that has been paid as described in paragraph (b); or

   (f)  a person has incurred a debt under the Social Security Act 1991
        (whether before or after the commencement of this paragraph) for
        failing to repay part or all of an amount that has been paid as
        described in paragraph (c) or (d).";

   (d)  by omitting subsection (2) and substituting the following subsection:



"(2) If:

   (a)  an amount (`overpayment') has been paid as described in paragraph
        (1)(a), (b), (c) or (d) to a person; or

   (b)  a person has incurred a debt as described in paragraph (1)(e) or (f);
        an amount not exceeding the amount of the overpayment or debt may
        (whether or not proceedings have been instituted in a court to recover
        the overpayment or debt) be recovered by deductions:

   (c)  from a pension, allowance or pecuniary benefit payable to that person
        under this Act; or

   (d)  from any amount that, because of the person's death is to be dealt
        with in accordance with sections 123A to 123E (inclusive); or

   (e)  with the consent of another person, from any pension, allowance or
        other pecuniary benefit payable to that other person under this Act;
        but the total amount recovered, whether by deduction or by proceedings
        in a court or both, is not to exceed the amount of the overpayment or
        debt.";

   (e)  by adding at the end of the definition of "excluded amount" in
        subsection (8) the following word and paragraph:

"or (c) a recoverable amount arising because of a debt incurred as mentioned
in paragraph (1)(e) or (f);";
(f) by adding at the end of paragraph (a) of the definition of "recoverable
amount" in subsection (8) "or";
(g) by adding at the end of the definition of "recoverable amount" in
subsection (8) the following word and paragraph:

"; or (d) if a debt of a kind referred to in paragraph (1)(e) or (f) has been
incurred by a person-an amount equal to the amount of the debt.".