Judges' Pensions Act 1968

If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) in any of the following circumstances:

the relevant amount is deposited to an account kept in the name of a deceased person;

the relevant amount is deposited to an account kept in the names of a deceased person and another person;

the relevant amount is paid by way of a cheque made out to a deceased person;

on the last day on which changes could reasonably be made to the payment of the relevant amount, the Secretary of the Department did not know that the deceased person had died; and

apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.

If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.

If a payment is made under subsection (1), the relevant amount:

is a debt due to the Commonwealth by the legal personal representative of the deceased person; and

may be recovered by the Secretary of the Department, on behalf of the Commonwealth, in a court of competent jurisdiction.

For the purposes of subsection 12A(5), if a payment under subsection (1) of this section relates to a benefit under subsection 12A(2), the payment is taken to be a benefit under subsection 12A(2).

For the purposes of section 14 (other than paragraph (a) of that section), if a payment under subsection (1) of this section relates to a pension under this Act, the payment is taken to be a pension under this Act.

For the purposes of subsection 17AB(7), if a payment under subsection (1) of this section relates to an amount under subsection 17AB(6), the payment is taken to be an amount under subsection 17AB(6).

For the purposes of this section, benefit means:

a pension under this Act; or

a benefit under subsection 12A(2); or

an amount under subsection 17AB(6).