Commonwealth Numbered Acts

Home Deposit Assistance Act 1982 No. 40 of 1982 - SECT 60

60. (1) Where-

   (a)  an amount of a grant has been paid to a sole applicant or to
        joint applicants in consequence of a false or misleading statement or
        representation made by the applicant or by any of the applicants or a
        failure or omission by the applicant or by any of the applicants to
        comply with a provision of this Act;

   (b)  an amount of a grant has been paid to a sole applicant or to
        joint applicants on the basis of an amount of the prescribed earnings
        of the applicant or applicants and the amount of those prescribed
        earnings is subsequently determined to be a greater amount; or

   (c)  an advance has been paid to a sole applicant or to joint applicants on
        account of a grant and it is subsequently determined that no grant is
        payable or that the amount of the grant payable is less than the
        amount of the advance,
an amount equal to so much of the grant as is overpaid, the amount of the
advance, or so much of the advance as exceeds the amount of the grant payable,
as the case may be, is recoverable under this section from the applicant or
applicants.

(2) Where-

   (a)  an amount equal to the whole of a grant or of an advance is
        recoverable under this section from an applicant or applicants; and

   (b)  a bonus has been paid in connection with the grant or the advance,
an amount equal to the bonus is recoverable under this section from the
applicant or applicants.

(3) An amount recoverable under this section from an applicant or applicants
is a debt due to the Commonwealth by the applicant, or by the applicants
jointly and severally, as the case may be, and may be recovered by the
Commonwealth in a court of competent jurisdiction.

(4) The Commonwealth is not, by virtue of sub-section (3), entitled to recover
from the persons referred to in that sub-section amounts that, in the
aggregate, exceed the total amount of the debt due to the Commonwealth.

(5) Where-

   (a)  on the basis of an amount of the prescribed earnings of a sole
        applicant or of joint applicants it has been determined that no grant
        is payable, or that an amount of a grant is payable, to the applicant
        or applicants; and

   (b)  the amount of those prescribed earnings is subsequently determined to
        be a lesser amount,
the Secretary may pay to the applicant or applicants any amount of grant, or
increase in the amount of grant, as the case may be, determined on the basis
of the second-mentioned amount of prescribed earnings.

(6) A payment shall not be made under sub-section (5) if the amount that
would, but for this sub-section, be payable is less than $10.