Military Rehabilitation and Compensation Act 2004

This section applies if:

an amount of compensation is paid under this Act or the DRCA to a person as a result of a false or misleading statement or representation, or a failure or omission to comply with this Act or the DRCA; or

an amount is paid under an instrument made under section 268B to a person as a result of a false or misleading statement or representation, or a failure or omission to comply with this Act or the instrument; or

an amount of compensation (other than an amount that the Commonwealth is entitled to recover under Division 2) that has been paid to a person under this Act or the DRCA should not have been paid; or

any amount by which an advance payment (under the scheme referred to in section 291A) in respect of compensation a person is expected to become entitled to under section 290 or 291 exceeds the amount of compensation that the person becomes entitled to under section 290 or 291; or

a person is liable to pay an amount under this Act or the DRCA to the Commonwealth.

However, this section does not apply in respect of a person if one or more of sections 315, 316 and 317 apply in respect of the person.

Chapter 6 has its own recovery provisions (see sections 315, 316 and 317).

The amount is recoverable by the Commission from the person in a court of competent jurisdiction as a debt due to the Commonwealth.

The recoverable amount may be deducted from an amount that is payable to or for the benefit of the person under this Act or the DRCA.