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COMMONWEALTHAct
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s 46

Recovery of amounts paid because of false or misleading statements

In force
Part 5Administration and enforcement
Division 4Recovery of amounts paid because of false or misleading statements

46 Recovery of amounts paid because of false or misleading statements

(1)

This section applies if:

(a)

an amount is paid to a person:

(i)

purportedly by way of reimbursement to a person under subsection 13(4); or

(ii)

purportedly as travelling expenses under Part 3; and

(b)

as a result of making a false or misleading statement, the amount paid exceeds the amount (if any) that should have been paid.

(2)

The amount of the excess is recoverable, in a court of competent jurisdiction, as a debt due to the Commonwealth from:

(a)

the person by or on behalf of whom the statement was made; or

(b)

the estate of that person.

(3)

Subsection (2) applies whether or not:

(a)

the amount was paid to the person by or on behalf of whom the statement was made; and

(b)

any person has been convicted of an offence in relation to the making of the statement.

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