Household Stimulus Package Act (No. 2) 2009

If:

an individual has been paid a training and learning bonus, farmers hardship bonus or an education entry payment supplement; and

after the payment was made to the individual, a determination in relation to the individual, at least so far as it relates to 3 February 2009 or to a period that includes that day, is or was (however described) changed, revoked, set aside, or superseded by another determination; and

the determination is one to which subsection (2) applies in relation to the payment; and

the decision to change, revoke, set aside or supersede the determination is or was made for the reason, or for reasons including the reason, that the individual knowingly made a false or misleading statement, or knowingly provided false information; and

had the change, revocation, setting aside or superseding occurred on or before 3 February 2009, the payment would not have been made;

This subsection applies to:

if the individual qualified for the payment because of paragraph 910(2)(a), (b), (c) or (d) of this Act-a determination made under Part 3 of the Administration Act because of which the individual was receiving a payment of a kind referred to in that paragraph; and

if the individual qualified for the payment because of paragraph 910(2)(e) of this Act-a determination (however described) made under the ABSTUDY Scheme because of which the individual was receiving a payment of a kind referred to in that paragraph; and

if the individual qualified for the payment because of paragraph 910(2)(f) of this Act-a determination (however described) made under the Veterans' Children Education Scheme because of which the individual was receiving a payment of a kind referred to in that paragraph; and

if the individual qualified for the payment because of paragraph 910(2)(g) of this Act-a determination (however described) made under the Military Rehabilitation and Compensation Act Education and Training Scheme because of which the individual was receiving a payment of a kind referred to in that paragraph; and

if the individual qualified for the payment because of subsection 910(4) of this Act-a determination made under Part 3 of the Family Assistance Administration Act because of which the individual was entitled to family tax benefit; and

if the individual qualified for the payment because of paragraph 912(a) or (b) of this Act-a determination made under Part 3 of the Farm Household Support Act 1992 because of which the individual was paid an instalment of a payment of a kind referred to in that paragraph; and

if the individual qualified for the payment because of paragraph 912(c) of this Act-a determination (however described) of the Commonwealth because of which the individual was paid a payment of a kind referred to in that paragraph; and

if the individual qualified for the payment because of section 665ZZA of this Act-a determination made under Part 3 of the Administration Act because of which the individual was qualified for an education entry payment.

If:

the Secretary has paid a person's training and learning bonus to another person (the recipient) under subsection 47C(3) or (4) of the Administration Act; and

the reason why, or one of the reasons why, the Secretary decided to pay the bonus to the recipient was that the recipient made a particular statement or provided particular information; and

after the payment is made, the Secretary becomes satisfied that:

the statement or information is false or misleading; and

the recipient made the statement, or provided the information, knowing that it was false or misleading; and

the bonus should have been paid to a person other than the recipient;

Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to payments to which this section applies.