Commission may take action in relation to money owing to pensioners
205A Commission may take action in relation to money owing to pensioners
Where a person (in this subsection called the pensioner) is indebted to the Commonwealth under or as a result of this Act, the Commission may, by notice in writing given to a person:
by whom any money is due or accruing or may become due to the pensioner;
who holds or may subsequently hold money for or on account of the pensioner;
who holds or may subsequently hold money on account of some other person for payment to the pensioner; or
who has authority from some other person to pay money to the pensioner;
require the person to whom the notice is given to pay to the Commonwealth:
an amount specified in the notice, not exceeding the amount of the debt due by the pensioner under or as a result of this Act or the amount of the money referred to in the preceding paragraph that is applicable; or
such amount as is specified in the notice out of each payment that the person becomes liable from time to time to make to the pensioner until that debt is satisfied.
The time for making a payment in compliance with a notice under subsection (1) is such time as is specified in the notice, not being a time before the money concerned becomes due or is held or before the end of the period of 14 days after the notice is given.
A person who fails to comply with a notice under subsection (1) commits an offence.
Penalty:
in the case of a natural person—imprisonment for 12 months or 20 penalty units, or both; or
in the case of a body corporate—100 penalty units.
Subsection (3) does not apply to the extent that the person is not capable of complying with the notice.
The defendant bears an evidential burden in relation to the matter in subsection (3A). See subsection 13.3(3) of the Criminal Code.
Where the Commission gives a notice to a person under subsection (1), the Commission shall give a copy of the notice to the pensioner concerned.
A person who makes a payment to the Commonwealth in compliance with a notice under subsection (1) shall be deemed to have made the payment under the authority of the pensioner concerned and of any other person concerned.
Where:
a notice is given to a person under subsection (1) in respect of a debt due by a pensioner; and
an amount is paid by a person other than the first‑mentioned person in reduction or in satisfaction of the debt;
the Commission shall notify the first‑mentioned person accordingly, and the amount specified in the notice shall be deemed to be reduced by the amount so paid.
Where, apart from this subsection, money is not due or repayable on demand to a person unless a condition is fulfilled, the money shall be taken, for the purposes of this section, to be due or repayable on demand, as the case may be, notwithstanding that the condition has not been fulfilled.
Where:
a notice is given to a person under subsection (1) in respect of a debt due by a pensioner; and
the person fails to comply with the notice to the extent that the person is capable of doing so;
an amount equal to:
so much of the amount required by the notice to be paid by the person as the person was able to pay; or
so much of the debt due by the pensioner at the time when the notice was given as remains due from time to time;
whichever is the lesser, is a debt due by the person to the Commonwealth.
Where:
a person is indebted to the Commonwealth under subsection (8) in respect of a debt due by a pensioner; and
the Commonwealth recovers:
the whole or a part of the debt due by the person under subsection (8); or
the whole or a part of the debt due by the pensioner;
the debt due by the pensioner, and the debt due by the person, are reduced by the amount so recovered and the amount specified in the notice under subsection (1) shall be deemed to be reduced by the amount so recovered.
A reference in this section to a person includes a reference to the Commonwealth, a State, a Territory and any authority of the Commonwealth or of a State or Territory.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.