DEFENCE LEGISLATION AMENDMENT ACT (No. 2) 1988 No. 104 of 1988 - SECT 30 Recovery of amounts payable to Commonwealth

DEFENCE LEGISLATION AMENDMENT ACT (No. 2) 1988 No. 104 of 1988 - SECT 30

30. Section 126 of the Principal Act is amended:

   (a)  by inserting in subsection (3) ", including an amount of unpaid
        contributions," after "Act";
(b) by omitting from subsection (3) "Commonwealth" (second occurring) and
substituting "Authority, on behalf of the Commonwealth";

   (c)  by adding at the end the following subsections:

"(4) Where, for any reason (including the making of, or cancellation of, an
election under this Act), an amount of benefit has been paid that is not
payable, or has become not payable, the amount so paid may be recovered by the
Authority, on behalf of the Commonwealth, in a court of competent jurisdiction
as a debt due and payable to the Commonwealth.

"(5) Where, for any reason (including the making of, or cancellation of, an
election under this Act), an amount of benefit has been paid that is not
payable, or has become not payable, and the person to whom that amount was
paid is receiving, or is entitled to receive, a benefit, that amount, or such
part of that amount as the Authority determines, may, if the Authority in its
discretion so directs, be recovered by deduction from that benefit.

"(6) In subsections (4) and (5), 'benefit' includes pension or other money
payable under the previous legislation.".