Recoverable payments
52 Recoverable payments
If, apart from this subsection, the Commonwealth does not have power under this Act or a regulation made for the purposes of section 50 to pay an amount (the relevant amount) to a person (the recipient) purportedly as an advance or as financial assistance under such a regulation, then the Commonwealth may pay the relevant amount to the recipient.
If a payment is made under subsection (1) to the recipient, the relevant amount:
is a debt due to the Commonwealth by the recipient; and
may be recovered by the Secretary, on behalf of the Commonwealth, in a court of competent jurisdiction.
This provision refers to the regulations (a regulation
). Made under this Act:
- Fair Entitlements Guarantee (Oceania Glass Pty Ltd in Administration) Declaration 2025 · Legislative Instrument · under s 49
- Fair Entitlements Guarantee (Rex Airlines Pty Ltd in Administration) Declaration 2024 · Legislative Instrument · under s 49
- Fair Entitlements Guarantee (Tuftex Carpets Pty Ltd in Administration) Declaration 2024 · Legislative Instrument · under s 49
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.