Commonwealth Numbered Acts

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HOMES SAVINGS GRANTS ACT 1976 No. 183 of 1976 - SECT 49

Recovery of overpayments
49. (1) Where an amount of a grant under this Act has been paid to a sole
applicant in consequence of a false or misleading statement or representation
made by the applicant or a failure or omission by the applicant to comply with
a provision of this Act, an amount equal to the amount of the grant is a debt
due to the Commonwealth by the applicant and may be recovered by the
Commonwealth from the applicant in a court of competent jurisdiction.

(2) Where an amount of a grant under this Act has been paid to joint
applicants in consequence of a false or misleading statement or representation
made by any of the applicants or a failure or omission by any of the
applicants to comply with a provision of this Act, an amount equal to the
amount of the grant is a debt due to the Commonwealth by the applicants
jointly and severally and may be recovered from those persons in a court of
competent jurisdiction.

(3) The Commonwealth is not, by virtue of sub-section (2), 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. 


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