{"id":"C2012A00082","name":"Financial Framework Legislation Amendment Act (No. 2) 2012","slug":"financial-framework-legislation-amendment-act-no-2-2012","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"82 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8406,"registerId":"commonwealth-C2012A00082-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Validation of certain benefits under the Defence Force Retirement and Death Benefits Act 1973","content":"Schedule 2—Validation of certain benefits under the Defence Force Retirement and Death Benefits Act 1973\n\n \n\n![](image.001.png)\n\n \n\n \n\nFinancial Framework Legislation Amendment Act (No. 2) 2012\n\nNo. 82, 2012\n\n \n\n \n\n \n\nAn Act to amend the law relating to finance, and for other purposes\n\n[Assented to 28 June 2012]\n\nThe Parliament of Australia enacts:\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1  Short title\n\n  This Act may be cited as the Financial Framework Legislation Amendment Act (No. 2) 2012.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provision(s) Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 28 June 2012\n- 2. Schedule 1 The day after this Act receives the Royal Assent. 29 June 2012\n- 3. Schedule 2 The day after this Act receives the Royal Assent. 29 June 2012\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Schedule(s)","content":"3  Schedule(s)\n\n  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n","sortOrder":3},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Amendments","content":"Schedule 1—Amendments\n\n \n\nAustralian Animal Health Council (Live‑stock Industries) Funding Act 1996\n\n1  Before subsection 4(1)\n\nCommonwealth payments to Australian Animal Health Council\n\n2  Subsection 4(2)\n\nOmit “less the Commonwealth’s costs in collecting or recovering those amounts and in administering this subsection”.\n\n3  After subsection 4(2)\n\nConditions of Commonwealth payment\n\n (2A) The payments made under subsection (2) are subject to the condition that the Australian Animal Health Council will pay to the Commonwealth an amount equal to the Commonwealth’s costs in:\n\n (a) collecting or recovering the amounts of levy, charge or penalty to which the payments relate; and\n\n (b) administering subsection (2) in relation to the making of the payments.\n\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Subsection 4(3)","content":"4  Subsection 4(3)\n\nOmit “subsections (4)”, substitute “subsections (3A), (4)”.\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"After subsection 4(3)","content":"5  After subsection 4(3)\n\n (3A) The first priority is to apply the Commonwealth payment in making a payment to the Commonwealth for the purpose of discharging any liability of the Australian Animal Health Council under subsection (2A).\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Subsection 4(4)","content":"6  Subsection 4(4)\n\nOmit “first priority”, substitute “second priority”.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Subsection 4(5)","content":"7  Subsection 4(5)\n\nOmit “second priority”, substitute “third priority”.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Subsections 4(6) and (7)","content":"8  Subsections 4(6) and (7)\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"At the end of section 4","content":"9  At the end of section 4\n\nAdd:\n\nRecovery of Commonwealth costs\n\n (9) An amount payable by the Australian Animal Health Council under subsection (2A):\n\nSetting off Council payment to Commonwealth\n\n (10) The Commonwealth may set off an amount payable to it under subsection (2A) against a payment the Commonwealth must make under subsection (2).\n\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Subsection 4A(1)","content":"10  Subsection 4A(1)\n\nOmit “less the Commonwealth’s costs in collecting or recovering those amounts and in administering this subsection”.\n\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"After subsection 4A(1)","content":"11  After subsection 4A(1)\n\nConditions of Commonwealth payment\n\n (1A) The payments made under subsection (1) are subject to the condition that the Australian Animal Health Council will pay to the Commonwealth an amount equal to the Commonwealth’s costs in:\n\n (a) collecting or recovering the amounts of levy or penalty to which the payments relate; and\n\n (b) administering subsection (1) in relation to the making of the payments.\n\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Subsection 4A(2) (heading)","content":"12  Subsection 4A(2) (heading)\n\nRepeal the heading.\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"After subsection 4A(2)","content":"13  After subsection 4A(2)\n\nFirst priority for applying Commonwealth payment\n\n (2A) As first priority, the Australian Animal Health Council is to apply the Commonwealth payment in making a payment to the Commonwealth for the purpose of discharging any liability of the Australian Animal Health Council under subsection (1A).\n\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Subsection 4A(3) (heading)","content":"14  Subsection 4A(3) (heading)\n\nSecond priority for applying Commonwealth payment\n\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Subsection 4A(3)","content":"15  Subsection 4A(3)\n\nOmit “first priority”, substitute “second priority”.\n\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Subsection 4A(4) (heading)","content":"16  Subsection 4A(4) (heading)\n\nThird priority for applying Commonwealth payment\n\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Subsection 4A(4)","content":"17  Subsection 4A(4)\n\nOmit “second priority”, substitute “third priority”.\n\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Subsection 4A(5) (heading)","content":"18  Subsection 4A(5) (heading)\n\nFourth priority for applying Commonwealth payment\n\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Subsection 4A(5)","content":"19  Subsection 4A(5)\n\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"After subsection 4A(7)","content":"20  After subsection 4A(7)\n\nRecovery of Commonwealth costs\n\n (7A) An amount payable by the Australian Animal Health Council under subsection (1A):\n\nSetting off Council payment to Commonwealth\n\n (7B) The Commonwealth may set off an amount payable to it under subsection (1A) against a payment the Commonwealth must make under subsection (1).\n\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Subsection 4A(8) (heading)","content":"21  Subsection 4A(8) (heading)\n\nRepeal the heading.\n\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Subsections 6(5) and 7(5)","content":"22  Subsections 6(5) and 7(5)\n\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Application—sections 4 and 4A of the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996","content":"23  Application—sections 4 and 4A of the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996\n\n(1) The amendments of subsections 4(2) and 4A(1) of the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996 made by this Schedule apply in relation to payments made to the Australian Animal Health Council during:\n\n (a) the month next following the month in which this item commences; or\n\n (b) a later month.\n\n(2) Subsections 4(2A) and 4A(1A) of the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996 as amended by this Schedule apply in relation to payments made to the Australian Animal Health Council during:\n\n (a) the month next following the month in which this item commences; or\n\n (b) a later month.\n\nAustralian Maritime Safety Authority Act 1990\n\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Subsection 48(1)","content":"24  Subsection 48(1)\n\n (1) There are to be paid to the Authority amounts equal to:\n\n (a) amounts of levy received, or purportedly received, by the Commonwealth under:\n\n (i) the Marine Navigation Levy Act 1989; and\n\n (ii) the Marine Navigation (Regulatory Functions) Levy Act 1991; and\n\n (iii) the Protection of the Sea (Shipping Levy) Act 1981; and\n\n (b) amounts received, or purportedly received, by the Commonwealth, under section 8 of the Protection of the Sea (Shipping Levy Collection) Act 1981, as amounts on account of levy; and\n\n (c) amounts of penalty received, or purportedly received, by the Commonwealth under:\n\n (i) the Marine Navigation Levy Collection Act 1989; and\n\n (ii) the Marine Navigation (Regulatory Functions) Levy Collection Act 1991; and\n\n (iii) the Protection of the Sea (Shipping Levy Collection) Act 1981.\n\n (1A) If an amount referred to in paragraph (1)(a), (b) or (c) is refunded, the Authority must pay to the Commonwealth an amount equal to the refund.\n\n (1B) The Minister may, on behalf of the Commonwealth, set off an amount payable by the Authority under subsection (1A) against an amount that is payable to the Authority under subsection (1).\n\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Section 57","content":"25  Section 57\n\nAfter “34”, insert “, 48”.\n\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Application—section 48 of the Australian Maritime Safety Authority Act 1990","content":"26  Application—section 48 of the Australian Maritime Safety Authority Act 1990\n\n(1) Despite the repeal of subsection 48(1) of the Australian Maritime Safety Authority Act 1990 by this Schedule, that subsection continues to apply, after the commencement of this item, in relation to amounts received by the Commonwealth before the commencement of this item, as if that repeal had not happened.\n\n(2) Subsection 48(1) of the Australian Maritime Safety Authority Act 1990 as amended by this Schedule applies in relation to amounts received by the Commonwealth after the commencement of this item.\n\nAustralian Meat and Live‑stock Industry Act 1997\n\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Subsection 66(3)","content":"27  Subsection 66(3)\n\n (3) The payments made under subsection (1) to the industry research body during a particular financial year are subject to the condition that, if:\n\n (a) before the end of 31 October next following the financial year, the Secretary determines the amount of the gross value of production of the industry for the financial year; and\n\n (b) as at the end of 31 October next following the financial year, the sum of the amounts that were paid to the industry research body under subsection (1) during the financial year exceeds 0.5% of the amount of the gross value of production of the industry for the financial year as determined by the Secretary;\n\nthe industry research body will pay to the Commonwealth an amount equal to the excess.\n\nNote: This ensures that the sum of the amounts that are retained by the industry research body in relation to the financial year does not exceed 0.5% of the amount of the gross value of production of the industry for the financial year as determined by the Secretary.\n\n (3A) If:\n\n (a) before the end of 31 October next following a financial year, the Secretary has not determined under subsection (3) the amount of the gross value of production of the industry for the financial year; and\n\n (b) the Secretary has determined under subsection (3) the amount of the gross value of production of the industry for the previous financial year;\n\nthe Secretary is taken to have made, immediately before the end of that 31 October, a determination under subsection (3) that the amount of the gross value of production of the industry for the financial year is equal to the amount of the gross value of production of the industry determined under subsection (3) for the previous financial year.\n\n (3B) An amount payable under subsection (3) by the industry research body:\n\n (3C) A determination made under subsection (3) is not a legislative instrument.\n\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"At the end of section 66","content":"28  At the end of section 66\n\nAdd:\n\n (5) If:\n\n (a) an amount (the first amount) is payable by the industry research body under subsection (3); and\n\n (b) another amount (the second amount) is payable by the Commonwealth to the industry research body under subsection (1);\n\nthe Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.\n\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Before paragraph 67(3)(a)","content":"29  Before paragraph 67(3)(a)\n\n (aa) in making payments to the Commonwealth under subsection 66(3); and\n\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Application—section 66 of the Australian Meat and Live‑stock Industry Act 1997","content":"30  Application—section 66 of the Australian Meat and Live‑stock Industry Act 1997\n\n(1) Despite the amendments of the Australian Meat and Live‑stock Industry Act 1997 by this Schedule, section 66 of that Act continues to apply, after the commencement of this item, in relation to amounts paid to the industry research body during:\n\n(2) Subsection 66(3) of the Australian Meat and Live‑stock Industry Act 1997 as amended by this Schedule applies in relation to amounts paid to the industry research body during:\n\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Transitional—determinations made under section 66 of the Australian Meat and Live‑stock Industry Act 1997","content":"31  Transitional—determinations made under section 66 of the Australian Meat and Live‑stock Industry Act 1997\n\nSubsection 66(3A) of the Australian Meat and Live‑stock Industry Act 1997 as amended by this Schedule has effect as if a determination under repealed subsection 66(3) of the Australian Meat and Live‑stock Industry Act 1997 had been made under subsection 66(3) of that Act as amended by this Schedule.\n\nComSuper Act 2011\n\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Subsection 25(1)","content":"32  Subsection 25(1)\n\nAfter “this Act”, insert “or any other law of the Commonwealth”.\n\nDairy Produce Act 1986\n\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Paragraph 5(2)(b)","content":"33  Paragraph 5(2)(b)\n\n (b) matching payments are spent by the body on:\n\n (i) research and development activities for the benefit of the Australian dairy industry and the Australian community generally; and\n\n (ii) making payments to the Commonwealth under subsection 6(4).\n\n34  Section 6 (heading)\n\n6  Appropriation for payments under funding contract etc.\n\n35  Subsection 6(4)\n\n (4) The matching payments made to the eligible body during a particular financial year are subject to the condition that, if:\n\n (a) before the end of 31 October next following the financial year, the Minister determines the amount of the gross value of whole milk produced in Australia in the financial year; and\n\n (b) as at the end of 31 October next following the financial year, the sum of the matching payments that were paid to the eligible body during the financial year exceeds the lesser of:\n\n (i) 0.5% of the amount of the gross value of whole milk produced in Australia in the financial year as determined by the Minister; and\n\n (ii) 50% of the amount spent by the eligible body in the financial year on activities that qualify, under the funding contract, as research and development activities;\n\nthe eligible body will pay to the Commonwealth an amount equal to the excess.\n\nNote: This ensures that the sum of the matching payments that are retained by the eligible body in relation to the financial year does not exceed the lesser of the amounts calculated under subparagraphs (b)(i) and (b)(ii).\n\n (4A) If:\n\n (a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (4) the amount of the gross value of whole milk produced in Australia in the financial year; and\n\n (b) the Minister has determined under subsection (4) the amount of the gross value of whole milk produced in Australia in the previous financial year;\n\nthe Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (4) that the amount of the gross value of whole milk produced in Australia in the financial year is equal to the amount of the gross value of whole milk produced in Australia determined under subsection (4) for the previous financial year.\n\n (4B) An amount payable under subsection (4) by the eligible body:\n\n (4C) A determination made under subsection (4) is not a legislative instrument.\n\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Subsection 6(6) (note)","content":"36  Subsection 6(6) (note)\n\nOmit “cap in paragraph (4)(a)”, substitute “condition in subparagraph (4)(b)(i)”.\n\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Paragraph 6(7)(b)","content":"37  Paragraph 6(7)(b)\n\nOmit “paragraph (4)(a)”, substitute “subparagraph (4)(b)(i)”.\n\n","sortOrder":36},{"sectionNumber":"38","sectionType":"section","heading":"Paragraph 6(7)(b)","content":"38  Paragraph 6(7)(b)\n\n","sortOrder":37},{"sectionNumber":"39","sectionType":"section","heading":"Subsection 6(7) (formula)","content":"39  Subsection 6(7) (formula)\n\n![](image.002.png)\n\n","sortOrder":38},{"sectionNumber":"40","sectionType":"section","heading":"At the end of section 6","content":"40  At the end of section 6\n\nAdd:\n\n (8) If:\n\n (a) an amount (the first amount) is payable by the eligible body under subsection (4); and\n\n (b) another amount (the second amount) is payable by the Commonwealth to the eligible body under the funding contract;\n\nthe Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.\n\n (9) For the purposes of this section, net matching payments for a financial year means the total of the matching payments made to the eligible body during the financial year, less the amount payable by the eligible body under subsection (4) as a condition of those matching payments.\n\n","sortOrder":39},{"sectionNumber":"41","sectionType":"section","heading":"Application—section 6 of the Dairy Produce Act 1986","content":"41  Application—section 6 of the Dairy Produce Act 1986\n\n(1) Despite the amendments of the Dairy Produce Act 1986 by this Schedule, section 6 of that Act continues to apply, after the commencement of this item, in relation to matching payments made to the eligible body during:\n\n(2) Subsection 6(4) of the Dairy Produce Act 1986 as amended by this Schedule applies in relation to matching payments made to the eligible body during:\n\n","sortOrder":40},{"sectionNumber":"42","sectionType":"section","heading":"Transitional—determinations made under section 6 of the Dairy Produce Act 1986","content":"42  Transitional—determinations made under section 6 of the Dairy Produce Act 1986\n\nSubsection 6(4A) of the Dairy Produce Act 1986 as amended by this Schedule has effect as if a determination under repealed subsection 6(4) of the Dairy Produce Act 1986 had been made under subsection 6(4) of that Act as amended by this Schedule.\n\nDefence Force Retirement and Death Benefits Act 1973\n\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"After section 124A","content":"43  After section 124A\n\n","sortOrder":42},{"sectionNumber":"124B","sectionType":"section","heading":"Recoverable payments","content":"124B  Recoverable payments\n\n (1) If, apart from this subsection, the Commonwealth does not have power, under this Act or the previous legislation, to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the recipient.\n\n (b) may be recovered by the Chief Executive Officer of ComSuper, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n (4) For the purposes of subsections 126(4) and (5), in determining whether an amount is payable, disregard subsection (1) of this section.\n\n (5) If the relevant amount is recovered under subsection 126(4) or (5), the relevant amount cannot be recovered under subsection (2) or (3) of this section.\n\n (6) If the relevant amount is recovered under subsection (2) or (3) of this section, the relevant amount cannot be recovered under subsection 126(4) or (5).\n\n (7) For the purposes of this section, benefit includes pension or other money payable under the previous legislation.\n\n","sortOrder":43},{"sectionNumber":"124C","sectionType":"section","heading":"Recoverable death payments","content":"124C  Recoverable death payments\n\n (1) If, apart from this subsection, the Commonwealth does not have power, under this Act or the previous legislation, to pay an amount (the relevant amount) in any of the following circumstances:\n\n (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the Chief Executive Officer of ComSuper did not know that the deceased person had died; and\n\n (e) 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.\n\n (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.\n\n (b) may be recovered by the Chief Executive Officer of ComSuper, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n (4) For the purposes of subsections 126(4) and (5), in determining whether an amount is payable, disregard subsection (1) of this section.\n\n (5) If the relevant amount is recovered under subsection 126(4) or (5), the relevant amount cannot be recovered under subsection (3) of this section.\n\n (6) If the relevant amount is recovered under subsection (3) of this section, the relevant amount cannot be recovered under subsection 126(4) or (5).\n\n (7) For the purposes of this section, benefit includes pension or other money payable under the previous legislation.\n\n","sortOrder":44},{"sectionNumber":"124D","sectionType":"section","heading":"Reports about recoverable payments and recoverable death payments","content":"124D  Reports about recoverable payments and recoverable death payments\n\n (1) During the applicable publication period for a reporting period, the Secretary of the Department must cause to be published, in such manner as the Secretary thinks fit, a report that sets out:\n\n (i) the number of payments made under subsection 124B(1) during the reporting period; and\n\n (i) the number of payments made under subsection 124C(1) during the reporting period; and\n\n (3) Paragraph (1)(a) of this section does not require a report to deal with a payment unless, before the preparation of the report, a Departmental official was aware the payment was made under subsection 124B(1).\n\n (4) Paragraph (1)(b) of this section does not require a report to deal with a payment unless, before the preparation of the report, a Departmental official was aware the payment was made under subsection 124C(1).\n\n (a) a payment was made under subsection 124B(1) or 124C(1) in a reporting period; and\n\n (i) because of subsection (3) of this section, paragraph (1)(a) of this section did not require a report to deal with the payment; or\n\n (ii) because of subsection (4) of this section, paragraph (1)(b) of this section did not require a report to deal with the payment; and\n\n (c) during a later reporting period, a Departmental official becomes aware that the payment was made under subsection 124B(1) or 124C(1), as the case may be;\n\n (6) If one or more payments made under subsection 124B(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Secretary of the Department must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (7) If one or more payments made under subsection 124C(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Secretary of the Department must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (b) if a lesser number of months is specified, in relation to the reporting period, in a legislative instrument made by the Minister—that number of months;\n\n (10) For the purposes of this section, Departmental official means an official (within the meaning of the Financial Management and Accountability Act 1997) who is in the Department or is part of the Department.\n\nEgg Industry Service Provision Act 2002\n\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Paragraph 7(2)(c)","content":"44  Paragraph 7(2)(c)\n\n (c) matching payments are spent by the body on:\n\n (i) research and development activities for the benefit of the Australian egg industry and the Australian community generally; and\n\n (ii) making payments to the Commonwealth under subsection 8(3).\n\n45  Section 8 (heading)\n\n8  Appropriation for payments under funding contract etc.\n\n46  Subsection 8(3)\n\n (3) The matching payments made to the industry services body during a particular financial year are subject to the condition that, if:\n\n (a) before the end of 31 October next following the financial year, the Minister determines the amount of the gross value of egg production in Australia in the financial year; and\n\n (b) as at the end of 31 October next following the financial year, the sum of the matching payments that were paid to the industry services body during the financial year exceeds the lesser of:\n\n (i) 0.5% of the amount of the gross value of egg production in Australia in the financial year as determined by the Minister; and\n\n (ii) 50% of the amount spent by the industry services body in the financial year on activities that qualify, under the funding contract, as research and development activities;\n\nthe industry services body will pay to the Commonwealth an amount equal to the excess.\n\nNote: This ensures that the sum of the matching payments that are retained by the industry services body in relation to the financial year does not exceed the lesser of the amounts calculated under subparagraphs (b)(i) and (b)(ii).\n\n (3A) If:\n\n (a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (3) the amount of the gross value of egg production in Australia in the financial year; and\n\n (b) the Minister has determined under subsection (3) the amount of the gross value of egg production in Australia in the previous financial year;\n\nthe Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (3) that the amount of the gross value of egg production in Australia in the financial year is equal to the amount of the gross value of egg production in Australia determined under subsection (3) for the previous financial year.\n\n (3B) An amount payable under subsection (3) by the industry services body:\n\n (3C) A determination made under subsection (3) is not a legislative instrument.\n\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Subsection 8(5) (note)","content":"47  Subsection 8(5) (note)\n\nOmit “or (3)(a)”, substitute “or the condition in subparagraph (3)(b)(i)”.\n\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Paragraph 8(6)(b)","content":"48  Paragraph 8(6)(b)\n\nOmit “or paragraph (3)(a)”, substitute “or subparagraph (3)(b)(i)”.\n\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Paragraph 8(6)(b)","content":"49  Paragraph 8(6)(b)\n\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Subsection 8(6) (formula)","content":"50  Subsection 8(6) (formula)\n\n![](image.002.png)\n\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"At the end of section 8","content":"51  At the end of section 8\n\nAdd:\n\n (7) If:\n\n (a) an amount (the first amount) is payable by the industry services body under subsection (3); and\n\n (b) another amount (the second amount) is payable by the Commonwealth to the industry services body under the funding contract;\n\nthe Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.\n\n (8) For the purposes of this section, net matching payments for a financial year means the total of the matching payments made to the industry services body during the financial year, less the amount payable by the industry services body under subsection (3) as a condition of those matching payments.\n\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Application—section 8 of the Egg Industry Service Provision Act 2002","content":"52  Application—section 8 of the Egg Industry Service Provision Act 2002\n\n(1) Despite the amendments of the Egg Industry Service Provision Act 2002 by this Schedule, section 8 of that Act continues to apply, after the commencement of this item, in relation to matching payments made to the industry services body during:\n\n(2) Subsection 8(3) of the Egg Industry Service Provision Act 2002 as amended by this Schedule applies in relation to matching payments made to the industry services body during:\n\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Transitional—determinations made under section 8 of the Egg Industry Service Provision Act 2002","content":"53  Transitional—determinations made under section 8 of the Egg Industry Service Provision Act 2002\n\nSubsection 8(3A) of the Egg Industry Service Provision Act 2002 as amended by this Schedule has effect as if a determination under repealed subsection 8(3) of the Egg Industry Service Provision Act 2002 had been made under subsection 8(3) of that Act as amended by this Schedule.\n\nForestry Marketing and Research and Development Services Act 2007\n\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Section 7","content":"54  Section 7\n\nOmit “cannot exceed limits”, substitute “are subject to limits”.\n\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Paragraph 8(2)(b)","content":"55  Paragraph 8(2)(b)\n\nOmit “or both”, substitute “or more”.\n\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"After subparagraph 8(2)(b)(i)","content":"56  After subparagraph 8(2)(b)(i)\n\n (ia) payments by the company to the Commonwealth under subsection 9(4);\n\n57  Section 9 (heading)\n\n9  Appropriation for payments under funding contract etc.\n\n58  Subsection 9(4)\n\n (4) The matching payments made to the company during a particular financial year are subject to the condition that, if:\n\n (a) before the end of 31 October next following the financial year, the Minister determines the amount of the gross value of production of the Australian forestry industry in the financial year; and\n\n (b) as at the end of 31 October next following the financial year, the sum of the matching payments that were paid to the company during the financial year exceeds the lesser of:\n\n (i) 0.5% of the amount of the gross value of production of the Australian forestry industry in the financial year as determined by the Minister; and\n\n (ii) 50% of the amount spent by the company in the financial year on activities that qualify, under the funding contract, as research and development activities;\n\nthe company will pay to the Commonwealth an amount equal to the excess.\n\nNote: This ensures that the sum of the matching payments that are retained by the company in relation to the financial year does not exceed the lesser of the amounts calculated under subparagraphs (b)(i) and (b)(ii).\n\n (4A) If:\n\n (a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (4) the amount of the gross value of production of the Australian forestry industry in the financial year; and\n\n (b) the Minister has determined under subsection (4) the amount of the gross value of production of the Australian forestry industry in the previous financial year;\n\nthe Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (4) that the amount of the gross value of production of the Australian forestry industry in the financial year is equal to the amount of the gross value of production of the Australian forestry industry determined under subsection (3) for the previous financial year.\n\n (4B) An amount payable under subsection (4) by a company:\n\n (4C) A determination made under subsection (4) is not a legislative instrument.\n\n","sortOrder":56},{"sectionNumber":"59","sectionType":"section","heading":"Subsection 9(6) (note)","content":"59  Subsection 9(6) (note)\n\nOmit “cap in paragraph (4)(a)”, substitute “condition in subparagraph (4)(b)(i)”.\n\n","sortOrder":57},{"sectionNumber":"60","sectionType":"section","heading":"Paragraph 9(7)(b)","content":"60  Paragraph 9(7)(b)\n\nOmit “paragraph (4)(a)”, substitute “subparagraph (4)(b)(i)”.\n\n","sortOrder":58},{"sectionNumber":"61","sectionType":"section","heading":"Paragraph 9(7)(b)","content":"61  Paragraph 9(7)(b)\n\n","sortOrder":59},{"sectionNumber":"62","sectionType":"section","heading":"Subsection 9(7) (formula)","content":"62  Subsection 9(7) (formula)\n\n![](image.003.png)\n\n","sortOrder":60},{"sectionNumber":"63","sectionType":"section","heading":"At the end of section 9","content":"63  At the end of section 9\n\nAdd:\n\n (8) If:\n\n (a) an amount (the first amount) is payable by the company under subsection (4); and\n\n (b) another amount (the second amount) is payable by the Commonwealth to the company under the funding contract;\n\nthe Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.\n\n (9) For the purposes of this section, net matching payments for a financial year means the total of the matching payments made to the company during the financial year, less the amount payable by the company under subsection (4) as a condition of those matching payments.\n\n","sortOrder":61},{"sectionNumber":"64","sectionType":"section","heading":"Application—section 9 of the Forestry Marketing and Research and Development Services Act 2007","content":"64  Application—section 9 of the Forestry Marketing and Research and Development Services Act 2007\n\n(1) Despite the amendments of the Forestry Marketing and Research and Development Services Act 2007 by this Schedule, section 9 of that Act continues to apply, after the commencement of this item, in relation to matching payments made to the company during:\n\n(2) Subsection 9(4) of the Forestry Marketing and Research and Development Services Act 2007 as amended by this Schedule applies in relation to matching payments made to the company during:\n\n","sortOrder":62},{"sectionNumber":"65","sectionType":"section","heading":"Transitional—determinations made under section 9 of the Forestry Marketing and Research and Development Services Act 2007","content":"65  Transitional—determinations made under section 9 of the Forestry Marketing and Research and Development Services Act 2007\n\nSubsection 9(4A) of the Forestry Marketing and Research and Development Services Act 2007 as amended by this Schedule has effect as if a determination under repealed subsection 9(4) of the Forestry Marketing and Research and Development Services Act 2007 had been made under subsection 9(4) of that Act as amended by this Schedule.\n\nGovernor‑General Act 1974\n\n","sortOrder":63},{"sectionNumber":"66","sectionType":"section","heading":"After section 4B","content":"66  After section 4B\n\n","sortOrder":64},{"sectionNumber":"4C","sectionType":"section","heading":"Recoverable payments","content":"4C  Recoverable payments\n\n (1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the recipient.\n\n (b) may be recovered by the designated Secretary, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n (d) such part of the relevant amount as the designated Secretary determines;\n\nmay, if the designated Secretary so directs, be recovered by deduction from that benefit.\n\n (4) For the purposes of subsection 4AA(5), if a payment under subsection (1) of this section relates to a benefit under subsection 4AA(2), the payment is taken to be a benefit under subsection 4AA(2).\n\n (5) For the purposes of section 5, if a payment under subsection (1) of this section relates to an allowance under section 4, the payment is taken to be an allowance under section 4.\n\n (6) For the purposes of this section, benefit means:\n\n (a) an allowance under section 4; or\n\n (b) a benefit under subsection 4AA(2).\n\n (7) For the purposes of this section, designated Secretary means the Secretary of the Department administered by the Minister who administers sections 4 and 4AA.\n\n","sortOrder":65},{"sectionNumber":"4D","sectionType":"section","heading":"Recoverable death payments","content":"4D  Recoverable death payments\n\n (1) 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:\n\n (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the designated Secretary did not know that the deceased person had died; and\n\n (e) 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.\n\n (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.\n\n (b) may be recovered by the designated Secretary, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n (4) For the purposes of subsection 4AA(5), if a payment under subsection (1) of this section relates to a benefit under subsection 4AA(2), the payment under subsection (1) of this section is taken to be a benefit under subsection 4AA(2).\n\n (5) For the purposes of section 5, if a payment under subsection (1) of this section relates to an allowance under section 4, the payment is taken to be an allowance under section 4.\n\n (6) For the purposes of this section, benefit means:\n\n (a) an allowance under section 4; or\n\n (b) a benefit under subsection 4AA(2).\n\n (7) For the purposes of this section, designated Secretary means the Secretary of the Department administered by the Minister who administers sections 4 and 4AA.\n\n","sortOrder":66},{"sectionNumber":"4E","sectionType":"section","heading":"Reports about recoverable payments and recoverable death payments","content":"4E  Reports about recoverable payments and recoverable death payments\n\n (1) During the applicable publication period for a reporting period, the designated Secretary must cause to be published, in such manner as the designated Secretary thinks fit, a report that sets out:\n\n (i) the number of payments made under subsection 4C(1) during the reporting period; and\n\n (i) the number of payments made under subsection 4D(1) during the reporting period; and\n\n (3) Paragraph (1)(a) of this section does not require a report to deal with a payment unless, before the preparation of the report, a designated Department official was aware the payment was made under subsection 4C(1).\n\n (4) Paragraph (1)(b) of this section does not require a report to deal with a payment unless, before the preparation of the report, a designated Department official was aware the payment was made under subsection 4D(1).\n\n (a) a payment was made under subsection 4C(1) or 4D(1) in a reporting period; and\n\n (i) because of subsection (3) of this section, paragraph (1)(a) of this section did not require a report to deal with the payment; or\n\n (ii) because of subsection (4) of this section, paragraph (1)(b) of this section did not require a report to deal with the payment; and\n\n (c) during a later reporting period, a designated Department official becomes aware that the payment was made under subsection 4C(1) or 4D(1), as the case may be;\n\n (6) If one or more payments made under subsection 4C(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the designated Secretary must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (c) if paragraph (b) does not apply—publish, in such manner as the designated Secretary thinks fit, the paragraph (a) report.\n\n (7) If one or more payments made under subsection 4D(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the designated Secretary must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (c) if paragraph (b) does not apply—publish, in such manner as the designated Secretary thinks fit, the paragraph (a) report.\n\n (b) if a shorter recurring period is specified in a legislative instrument made by the designated Minister—that period.\n\n (b) if a lesser number of months is specified, in relation to the reporting period, in a legislative instrument made by the designated Minister—that number of months;\n\nDesignated Department\n\n (10) For the purposes of this section, designated Department means the Department administered by the designated Minister.\n\nDesignated Department official\n\n (11) For the purposes of this section, designated Department official means an official (within the meaning of the Financial Management and Accountability Act 1997) who is in the designated Department or is part of the designated Department.\n\nDesignated Minister\n\n (12) For the purposes of this section, designated Minister means the Minister who administers sections 4 and 4AA.\n\n (13) For the purposes of this section, designated Secretary means the Secretary of the designated Department.\n\nHorticulture Marketing and Research and Development Services Act 2000\n\n","sortOrder":67},{"sectionNumber":"67","sectionType":"section","heading":"Subsections 16(3) and (4)","content":"67  Subsections 16(3) and (4)\n\nRepeal the subsections.\n\n","sortOrder":68},{"sectionNumber":"68","sectionType":"section","heading":"After subsection 16(7)","content":"68  After subsection 16(7)\n\n (7A) Payments made to the industry services body during a particular financial year under subsection (2) are subject to the condition that, if:\n\n (a) before the end of 31 October next following the financial year, the Secretary determines the amount of the gross value of production of the horticultural industry for the financial year; and\n\n (b) as at the end of 31 October next following the financial year, the sum of the matching payments that were paid to the industry services body during the financial year exceeds 0.5% of the amount of the gross value of production of the horticultural industry for the financial year as determined by the Secretary;\n\nthe industry services body will pay to the Commonwealth an amount equal to the excess.\n\nNote 1: This ensures that the sum of the matching payments that are retained by the industry services body in relation to the financial year does not exceed 0.5% of the amount of the gross value of production of the horticultural industry for the financial year as determined by the Secretary.\n\nNote 2: For the meaning of horticultural industry, see section 4.\n\n (7B) If:\n\n (a) before the end of 31 October next following a financial year, the Secretary has not determined under subsection (7A) the amount of the gross value of production of the horticultural industry for the financial year; and\n\n (b) the Secretary has determined under subsection (7A) the amount of the gross value of production of the horticultural industry for the previous financial year;\n\nthe Secretary is taken to have made, immediately before the end of that 31 October, a determination under subsection (7A) that the amount of the gross value of production of the horticultural industry for the financial year is equal to the amount of the gross value of production of the horticultural industry determined under subsection (7A) for the previous financial year.\n\n (7C) A determination made under subsection (7A) is not a legislative instrument.\n\n (7D) The regulations may provide for the way in which the Secretary is to determine the amount of the gross value of production of the horticultural industry for a financial year.\n\n","sortOrder":69},{"sectionNumber":"69","sectionType":"section","heading":"After subsection 16(8)","content":"69  After subsection 16(8)\n\n (8A) An amount payable under subsection (7A) by the industry services body:\n\n (8B) If:\n\n (a) an amount (the first amount) is payable by the industry services body under subsection (7A); and\n\n (b) another amount (the second amount) is payable by the Commonwealth to the industry services body under subsection (1) or (2);\n\nthe Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.\n\n","sortOrder":70},{"sectionNumber":"70","sectionType":"section","heading":"Application—section 16 of the Horticulture Marketing and Research and Development Services Act 2000","content":"70  Application—section 16 of the Horticulture Marketing and Research and Development Services Act 2000\n\n(1) Despite the amendments of the Horticulture Marketing and Research and Development Services Act 2000 by this Schedule, section 16 of that Act continues to apply, after the commencement of this item, in relation to matching payments made to the industry services body during:\n\n(2) Subsection 16(7A) of the Horticulture Marketing and Research and Development Services Act 2000 as amended by this Schedule applies in relation to matching payments made to the industry services body during:\n\n71  Transitional—determinations made under section 16 of the Horticulture Marketing and Research and Development Services Act 2000\n\nSubsection 16(7B) of the Horticulture Marketing and Research and Development Services Act 2000 as amended by this Schedule has effect as if a determination under repealed subsection 16(3) of the Horticulture Marketing and Research and Development Services Act 2000 had been made under subsection 16(7A) of that Act as amended by this Schedule.\n\nLocal Government (Financial Assistance) Act 1995\n\n","sortOrder":71},{"sectionNumber":"72","sectionType":"section","heading":"After section 18","content":"72  After section 18\n\n","sortOrder":72},{"sectionNumber":"18A","sectionType":"section","heading":"Recoverable payments","content":"18A  Recoverable payments\n\n (1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) to a State purportedly as an amount under this Act, then the Commonwealth may pay the relevant amount to the State.\n\n (2) If:\n\n (a) a payment is made under subsection (1) to a State; and\n\n (b) the State is entitled to receive an amount under this Act;\n\n (d) such part of the relevant amount as the Minister determines;\n\nmay, if the Minister so directs, be recovered by deduction from the amount mentioned in paragraph (b).\n\n","sortOrder":73},{"sectionNumber":"18B","sectionType":"section","heading":"Reports about recoverable payments","content":"18B  Reports about recoverable payments\n\n (1) During the applicable publication period for a reporting period, the Secretary of the Department must cause to be published, in such manner as the Secretary thinks fit, a report that sets out:\n\n (a) the number of payments made under subsection 18A(1) during the reporting period; and\n\n (b) the total amount of those payments.\n\n (2) However, a report is not required if the number mentioned in paragraph (1)(a) is zero.\n\n (3) Subsection (1) of this section does not require a report to deal with a payment unless, before the preparation of the report, a Departmental official was aware the payment was made under subsection 18A(1).\n\n (a) a payment was made under subsection 18A(1) in a reporting period; and\n\n (b) because of subsection (3) of this section, subsection (1) of this section did not require a report to deal with the payment; and\n\n (c) during a later reporting period, a Departmental official becomes aware that the payment was made under subsection 18A(1);\n\n (5) If one or more payments made under subsection 18A(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Secretary of the Department must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (b) if a lesser number of months is specified, in relation to the reporting period, in a legislative instrument made by the Minister—that number of months;\n\n (8) For the purposes of this section, Departmental official means an official (within the meaning of the Financial Management and Accountability Act 1997) who is in the Department or is part of the Department.\n\nMilitary Superannuation and Benefits Act 1991\n\n","sortOrder":74},{"sectionNumber":"73","sectionType":"section","heading":"After section 16A","content":"73  After section 16A\n\n","sortOrder":75},{"sectionNumber":"16B","sectionType":"section","heading":"Recoverable payments","content":"16B  Recoverable payments\n\n (1) If, apart from this subsection, the Commonwealth does not have power, under this Act, to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit under the Rules, then the Commonwealth may pay the relevant amount to the recipient.\n\n (b) may be recovered by the Chief Executive Officer of ComSuper, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n (b) the recipient is receiving, or is entitled to receive, a benefit under the Rules;\n\n","sortOrder":76},{"sectionNumber":"16C","sectionType":"section","heading":"Recoverable death payments","content":"16C  Recoverable death payments\n\n (1) 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:\n\n (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the Chief Executive Officer of ComSuper did not know that the deceased person had died; and\n\n (e) 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.\n\n (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.\n\n (b) may be recovered by the Chief Executive Officer of ComSuper, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n","sortOrder":77},{"sectionNumber":"16D","sectionType":"section","heading":"Reports about recoverable payments and recoverable death payments","content":"16D  Reports about recoverable payments and recoverable death payments\n\n (1) During the applicable publication period for a reporting period, the Secretary of the Department must cause to be published, in such manner as the Secretary thinks fit, a report that sets out:\n\n (i) the number of payments made under subsection 16B(1) during the reporting period; and\n\n (i) the number of payments made under subsection 16C(1) during the reporting period; and\n\n (3) Paragraph (1)(a) of this section does not require a report to deal with a payment unless, before the preparation of the report, a Departmental official was aware the payment was made under subsection 16B(1).\n\n (4) Paragraph (1)(b) of this section does not require a report to deal with a payment unless, before the preparation of the report, a Departmental official was aware the payment was made under subsection 16C(1).\n\n (a) a payment was made under subsection 16B(1) or 16C(1) in a reporting period; and\n\n (i) because of subsection (3) of this section, paragraph (1)(a) of this section did not require a report to deal with the payment; or\n\n (ii) because of subsection (4) of this section, paragraph (1)(b) of this section did not require a report to deal with the payment; and\n\n (c) during a later reporting period, a Departmental official becomes aware that the payment was made under subsection 16B(1) or 16C(1), as the case may be;\n\n (6) If one or more payments made under subsection 16B(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Secretary of the Department must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (7) If one or more payments made under subsection 16C(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Secretary of the Department must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (b) if a lesser number of months is specified, in relation to the reporting period, in a legislative instrument made by the Minister—that number of months;\n\n (10) For the purposes of this section, Departmental official means an official (within the meaning of the Financial Management and Accountability Act 1997) who is in the Department or is part of the Department.\n\n","sortOrder":78},{"sectionNumber":"74","sectionType":"section","heading":"After section 51A","content":"74  After section 51A\n\n","sortOrder":79},{"sectionNumber":"51B","sectionType":"section","heading":"Transitional—recoverable payments relating to retention benefit","content":"51B  Transitional—recoverable payments relating to retention benefit\n\n (1) If, apart from this subsection, the Commonwealth does not have power, under repealed Part 8 of this Act as continued in force by item 4 of Schedule 4 to the Defence Legislation Amendment Act (No. 1) 2005, to pay an amount (the relevant amount) to a person (the recipient) purportedly as a retention benefit, then the Commonwealth may pay the relevant amount to the recipient.\n\n (b) may be recovered by the Secretary of the Department, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n (b) the recipient is receiving, or is entitled to receive, an amount under a determination made under Part IIIA of the Defence Act 1903;\n\n (d) such part of the relevant amount as the Secretary of the Department determines;\n\nmay, if the Secretary of the Department so directs, be recovered by deduction from the amount mentioned in paragraph (b).\n\n (4) For the purposes of repealed section 39 of this Act as continued in force by item 4 of Schedule 4 to the Defence Legislation Amendment Act (No. 1) 2005, a payment under subsection (1) of this section is taken to be a retention benefit.\n\nRetention benefit\n\n (5) For the purposes of this section, retention benefit means retention benefit under repealed Part 8 of this Act as continued in force by item 4 of Schedule 4 to the Defence Legislation Amendment Act (No. 1) 2005.\n\n","sortOrder":80},{"sectionNumber":"51C","sectionType":"section","heading":"Transitional—reports about recoverable payments","content":"51C  Transitional—reports about recoverable payments\n\n (1) During the applicable publication period for a reporting period, the Secretary of the Department must cause to be published, in such manner as the Secretary thinks fit, a report that sets out:\n\n (a) the number of payments made under subsection 51B(1) during the reporting period; and\n\n (b) the total amount of those payments.\n\n (2) However, a report is not required if the number mentioned in paragraph (1)(a) is zero.\n\n (3) Subsection (1) of this section does not require a report to deal with a payment unless, before the preparation of the report, a Departmental official was aware the payment was made under subsection 51B(1).\n\n (a) a payment was made under subsection 51B(1) in a reporting period; and\n\n (b) because of subsection (3) of this section, subsection (1) of this section did not require a report to deal with the payment; and\n\n (c) during a later reporting period, a Departmental official becomes aware that the payment was made under subsection 51B(1);\n\n (5) If one or more payments made under subsection 51B(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Secretary of the Department must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (b) if a lesser number of months is specified, in relation to the reporting period, in a legislative instrument made by the Minister—that number of months;\n\n (8) For the purposes of this section, Departmental official means an official (within the meaning of the Financial Management and Accountability Act 1997) who is in the Department or is part of the Department.\n\nNational Residue Survey Administration Act 1992\n\n","sortOrder":81},{"sectionNumber":"75","sectionType":"section","heading":"Paragraph 8(1)(a)","content":"75  Paragraph 8(1)(a)\n\nOmit “, in accordance with an expenditure program approved by the Minister,”.\n\n","sortOrder":82},{"sectionNumber":"76","sectionType":"section","heading":"Subparagraphs 8(1)(a)(ii), (iii) and (iv)","content":"76  Subparagraphs 8(1)(a)(ii), (iii) and (iv)\n\nOmit “if the relevant body (as determined by the Minister) in the industry concerned agrees to the program extending to expenditure under this subparagraph—”.\n\nParliamentary Contributory Superannuation Act 1948\n\n","sortOrder":83},{"sectionNumber":"77","sectionType":"section","heading":"Subsection 24(2)","content":"77  Subsection 24(2)\n\n (2) Subsection (1) has effect subject to subsection 24AA(4).\n\n","sortOrder":84},{"sectionNumber":"78","sectionType":"section","heading":"After section 24","content":"78  After section 24\n\n24AA  Recoverable payments\n\n (1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the recipient.\n\n (b) may be recovered by the Secretary of the Department, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n (d) such part of the relevant amount as the Secretary of the Department determines;\n\nmay, if the Secretary of the Department so directs, be recovered by deduction from that benefit.\n\n (4) For the purposes of this section, benefit means a retiring allowance, annuity or other benefit under this Act.\n\n24AB  Recoverable death payments\n\n (1) 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:\n\n (d) 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\n\n (e) 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.\n\n (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.\n\n (b) may be recovered by the Secretary of the Department, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n (4) For the purposes of this section, benefit means a retiring allowance, annuity or other benefit under this Act.\n\n24AC  Reports about recoverable payments and recoverable death payments\n\n (1) During the applicable publication period for a reporting period, the Secretary of the Department must cause to be published, in such manner as the Secretary thinks fit, a report that sets out:\n\n (i) the number of payments made under subsection 24AA(1) during the reporting period; and\n\n (i) the number of payments made under subsection 24AB(1) during the reporting period; and\n\n (3) Paragraph (1)(a) of this section does not require a report to deal with a payment unless, before the preparation of the report, a Departmental official was aware the payment was made under subsection 24AA(1).\n\n (4) Paragraph (1)(b) of this section does not require a report to deal with a payment unless, before the preparation of the report, a Departmental official was aware the payment was made under subsection 24AB(1).\n\n (a) a payment was made under subsection 24AA(1) or 24AB(1) in a reporting period; and\n\n (i) because of subsection (3) of this section, paragraph (1)(a) of this section did not require a report to deal with the payment; or\n\n (ii) because of subsection (4) of this section, paragraph (1)(b) of this section did not require a report to deal with the payment; and\n\n (c) during a later reporting period, a Departmental official becomes aware that the payment was made under subsection 24AA(1) or 24AB(1), as the case may be;\n\n (6) If one or more payments made under subsection 24AA(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Secretary of the Department must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (7) If one or more payments made under subsection 24AB(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Secretary of the Department must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (b) if a lesser number of months is specified, in relation to the reporting period, in a legislative instrument made by the Minister—that number of months;\n\n (10) For the purposes of this section, Departmental official means an official (within the meaning of the Financial Management and Accountability Act 1997) who is in the Department or is part of the Department.\n\nPig Industry Act 2001\n\n","sortOrder":85},{"sectionNumber":"79","sectionType":"section","heading":"Paragraph 9(2)(c)","content":"79  Paragraph 9(2)(c)\n\n (c) matching payments are spent by the body on:\n\n (i) research and development activities for the benefit of the Australian pig industry and the Australian community generally; and\n\n (ii) making payments to the Commonwealth under subsection 10(8).\n\n80  Section 10 (heading)\n\n10  Appropriation for payments under funding contract etc.\n\n81  Subsection 10(8)\n\nRetention limit for matching payments\n\n (8) The matching payments made to the eligible body during a particular financial year are subject to the condition that, if:\n\n (a) before the end of 31 October next following the financial year, the Minister determines the amount of the gross value of pig meat production in Australia in the financial year; and\n\n (b) as at the end of 31 October next following the financial year, the sum of the matching payments that were paid to the eligible body during the financial year exceeds the lesser of:\n\n (i) 0.5% of the amount of the gross value of pig meat production in Australia in the financial year as determined by the Minister; and\n\n (ii) 50% of the amount spent by the eligible body in the financial year on activities that qualify, under the funding contract, as research and development activities;\n\nthe eligible body will pay to the Commonwealth an amount equal to the excess.\n\nNote: This ensures that the sum of the matching payments that are retained by the eligible body in relation to the financial year does not exceed the lesser of the amounts calculated under subparagraphs (b)(i) and (b)(ii).\n\n (8A) If:\n\n (a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (8) the amount of the gross value of pig meat production in Australia in the financial year; and\n\n (b) the Minister has determined under subsection (8) the amount of the gross value of pig meat production in Australia in the previous financial year;\n\nthe Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (8) that the amount of the gross value of pig meat production in Australia in the financial year is equal to the amount of the gross value of pig meat production in Australia determined under subsection (8) for the previous financial year.\n\n (8B) An amount payable under subsection (8) by the eligible body:\n\n (8C) A determination made under subsection (8) is not a legislative instrument.\n\n","sortOrder":86},{"sectionNumber":"82","sectionType":"section","heading":"Subsection 10(10) (note)","content":"82  Subsection 10(10) (note)\n\nOmit “paragraph (8)(a)”, substitute “the condition in subparagraph (8)(b)(i)”.\n\n","sortOrder":87},{"sectionNumber":"83","sectionType":"section","heading":"Paragraph 10(11)(b)","content":"83  Paragraph 10(11)(b)\n\nOmit “paragraph (8)(a)”, substitute “subparagraph (8)(b)(i)”.\n\n","sortOrder":88},{"sectionNumber":"84","sectionType":"section","heading":"Paragraph 10(11)(b)","content":"84  Paragraph 10(11)(b)\n\n","sortOrder":89},{"sectionNumber":"85","sectionType":"section","heading":"Subsection 10(11) (formula)","content":"85  Subsection 10(11) (formula)\n\n![](image.004.png)\n\n","sortOrder":90},{"sectionNumber":"86","sectionType":"section","heading":"After subsection 10(11)","content":"86  After subsection 10(11)\n\n (11A) For the purposes of subsection (11), net matching payments in respect of a financial year means the total of the matching payments made to the eligible body during the financial year, less the amount payable by the eligible body under subsection (8) as a condition of those matching payments.\n\n","sortOrder":91},{"sectionNumber":"87","sectionType":"section","heading":"At the end of section 10","content":"87  At the end of section 10\n\nAdd:\n\n (15) If:\n\n (a) an amount (the first amount) is payable by the eligible body under subsection (8); and\n\n (b) another amount (the second amount) is payable by the Commonwealth to the eligible body under the funding contract;\n\nthe Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.\n\n","sortOrder":92},{"sectionNumber":"88","sectionType":"section","heading":"Application—section 10 of the Pig Industry Act 2001","content":"88  Application—section 10 of the Pig Industry Act 2001\n\n(1) Despite the amendments of the Pig Industry Act 2001 by this Schedule, section 10 of that Act continues to apply, after the commencement of this item, in relation to matching payments made to the eligible body during:\n\n(2) Subsection 10(8) of the Pig Industry Act 2001 as amended by this Schedule applies in relation to matching payments made to the eligible body during:\n\n","sortOrder":93},{"sectionNumber":"89","sectionType":"section","heading":"Transitional—determinations made under section 10 of the Pig Industry Act 2001","content":"89  Transitional—determinations made under section 10 of the Pig Industry Act 2001\n\nSubsection 10(8A) of the Pig Industry Act 2001 as amended by this Schedule has effect as if a determination under repealed subsection 10(8) of the Pig Industry Act 2001 had been made under subsection 10(8) of that Act as amended by this Schedule.\n\nPrimary Industries and Energy Research and Development Act 1989\n\n","sortOrder":94},{"sectionNumber":"90","sectionType":"section","heading":"Paragraph 30A(2)(a)","content":"90  Paragraph 30A(2)(a)\n\nOmit “total GVP” (wherever occurring), substitute “interim total GVP”.\n\n","sortOrder":95},{"sectionNumber":"91","sectionType":"section","heading":"Paragraph 30A(2)(b)","content":"91  Paragraph 30A(2)(b)\n\n","sortOrder":96},{"sectionNumber":"92","sectionType":"section","heading":"Subparagraph 30A(2)(b)(i)","content":"92  Subparagraph 30A(2)(b)(i)\n\nOmit “total GVP”, substitute “interim total GVP”.\n\n","sortOrder":97},{"sectionNumber":"93","sectionType":"section","heading":"Subparagraph 30A(2)(b)(i)","content":"93  Subparagraph 30A(2)(b)(i)\n\nOmit “Commonwealth GVP”, substitute “interim Commonwealth GVP”.\n\n","sortOrder":98},{"sectionNumber":"94","sectionType":"section","heading":"Subparagraph 30A(2)(b)(ii)","content":"94  Subparagraph 30A(2)(b)(ii)\n\n","sortOrder":99},{"sectionNumber":"95","sectionType":"section","heading":"Subparagraph 30A(2)(b)(ii)","content":"95  Subparagraph 30A(2)(b)(ii)\n\nOmit “Commonwealth GVP”, substitute “interim Commonwealth GVP”.\n\n","sortOrder":100},{"sectionNumber":"96","sectionType":"section","heading":"Subparagraph 30A(2)(b)(ii)","content":"96  Subparagraph 30A(2)(b)(ii)\n\nOmit “total GVP” (last occurring), substitute “interim total GVP”.\n\n","sortOrder":101},{"sectionNumber":"97","sectionType":"section","heading":"Paragraph 30A(2)(c)","content":"97  Paragraph 30A(2)(c)\n\n","sortOrder":102},{"sectionNumber":"98","sectionType":"section","heading":"Subparagraph 30A(2)(c)(i)","content":"98  Subparagraph 30A(2)(c)(i)\n\nOmit “total GVP”, substitute “interim total GVP”.\n\n","sortOrder":103},{"sectionNumber":"99","sectionType":"section","heading":"Subparagraph 30A(2)(c)(i)","content":"99  Subparagraph 30A(2)(c)(i)\n\nOmit “State or Territory GVP”, substitute “interim State or Territory GVP”.\n\n","sortOrder":104},{"sectionNumber":"100","sectionType":"section","heading":"Subparagraph 30A(2)(c)(ii)","content":"100  Subparagraph 30A(2)(c)(ii)\n\n","sortOrder":105},{"sectionNumber":"101","sectionType":"section","heading":"Subparagraph 30A(2)(c)(ii)","content":"101  Subparagraph 30A(2)(c)(ii)\n\nOmit “State or Territory GVP”, substitute “interim State or Territory GVP”.\n\n","sortOrder":106},{"sectionNumber":"102","sectionType":"section","heading":"Subparagraph 30A(2)(c)(ii)","content":"102  Subparagraph 30A(2)(c)(ii)\n\nOmit “total GVP” (last occurring), substitute “interim total GVP”.\n\n","sortOrder":107},{"sectionNumber":"103","sectionType":"section","heading":"After subsection 30A(2A)","content":"103  After subsection 30A(2A)\n\n (2B) If:\n\n (a) an amount is paid to the Corporation under paragraph (1)(b) in a financial year; and\n\n (b) the amount was calculated, in whole or in part, under subsection (2) on the basis of:\n\n (i) interim Commonwealth GVP for the financial year; or\n\n (ii) interim State or Territory GVP for the financial year for a State or Territory; or\n\n (iii) interim total GVP for the financial year; and\n\n (c) before the end of 31 October next following the financial year, the Minister determines an amount that is:\n\n (i) if subparagraph (b)(i) applies—the final Commonwealth GVP for the financial year; or\n\n (ii) if subparagraph (b)(ii) applies—the final State or Territory GVP for the financial year for that State or Territory; or\n\n (iii) if subparagraph (b)(iii) applies—the final total GVP for the financial year; and\n\n (d) as at the end of 31 October next following the financial year, the total amount paid to the Corporation under paragraph (1)(b) in the financial year exceeds the amount that would have been paid to the Corporation under that paragraph in the financial year if:\n\n (i) each reference in subsection (2) to interim Commonwealth GVP were a reference to the amount of final Commonwealth GVP so determined; and\n\n (ii) each reference in subsection (2) to interim State or Territory GVP were a reference to the amount of final State or Territory GVP so determined; and\n\n (iii) each reference in subsection (2) to interim total GVP were a reference to the amount of final total GVP so determined;\n\nthe Corporation must pay to the Commonwealth an amount equal to the excess.\n\n (2C) If:\n\n (a) an amount is paid to the Corporation under paragraph (1)(b) in a financial year; and\n\n (b) the amount was calculated, in whole or in part, under subsection (2) on the basis of:\n\n (i) interim Commonwealth GVP for the financial year; or\n\n (ii) interim State or Territory GVP for the financial year for a State or Territory; or\n\n (iii) interim total GVP for the financial year; and\n\n (c) before the end of 31 October next following the financial year, the Minister determines an amount that is:\n\n (i) if subparagraph (b)(i) applies—the final Commonwealth GVP for the financial year; or\n\n (ii) if subparagraph (b)(ii) applies—the final State or Territory GVP for the financial year for that State or Territory; or\n\n (iii) if subparagraph (b)(iii) applies—the final total GVP for the financial year; and\n\n (d) as at the end of 31 October next following the financial year, the total amount paid to the Corporation under paragraph (1)(b) in the financial year falls short of the amount that would have been paid to the Corporation under that paragraph in the financial year if:\n\n (i) each reference in subsection (2) to interim Commonwealth GVP were a reference to the amount of final Commonwealth GVP so determined; and\n\n (ii) each reference in subsection (2) to interim State or Territory GVP were a reference to the amount of final State or Territory GVP so determined; and\n\n (iii) each reference in subsection (2) to interim total GVP were a reference to the amount of final total GVP so determined;\n\nthe Commonwealth must pay to the Corporation an amount equal to the shortfall.\n\n (2D) If:\n\n (a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (4) an amount that is final Commonwealth GVP for the financial year; and\n\n (b) the Minister has determined under subsection (4) the amount that is final Commonwealth GVP for the previous financial year;\n\nthe Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (4) that the amount of final Commonwealth GVP for the financial year is equal to the amount of the final Commonwealth GVP determined under subsection (4) for the previous financial year.\n\n (2E) If:\n\n (a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (4) the amount that is final State or Territory GVP for the financial year for a State or a Territory; and\n\n (b) the Minister has determined under subsection (4) the amount that is final State or Territory GVP for the previous financial year for the State or Territory;\n\nthe Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (4) that the amount of final State or Territory GVP for the financial year for the State or Territory is equal to the amount of the final State or Territory GVP determined under subsection (4) for the previous financial year for the State or Territory.\n\n (2F) If:\n\n (a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (4) the amount that is final total GVP for the financial year; and\n\n (b) the Minister has determined under subsection (4) the amount that is final total GVP for the previous financial year;\n\nthe Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (4) that the amount that is final total GVP for the financial year is equal to the amount of the final total GVP determined under subsection (4) for the previous financial year.\n\n (2G) The Minister may, on behalf of the Commonwealth, set off an amount payable by an R&D Corporation under this section against an amount that is payable to the Corporation under subsection (1) or (2C).\n\n (2H) A determination made under this section is not a legislative instrument.\n\n","sortOrder":108},{"sectionNumber":"104","sectionType":"section","heading":"Subsection 30A(3)","content":"104  Subsection 30A(3)\n\nAfter “subsection (1)”, insert “or (2C)”.\n\n","sortOrder":109},{"sectionNumber":"105","sectionType":"section","heading":"Subsection 30A(4)","content":"105  Subsection 30A(4)\n\n (4) In this section:\n\nfinal Commonwealth GVP, in relation to a financial year, means the amount that the Minister determines to be the amount of the gross value of production for that financial year of the goods that are the produce of that part of the fishing industry that is managed by or on behalf of the Commonwealth.\n\nfinal State or Territory GVP, in relation to a financial year and in relation to a State or Territory, means the amount that the Minister determines to be the amount of the gross value of production for that financial year of the goods that are the produce of that part of the fishing industry that is managed by or on behalf of the State or Territory.\n\nfinal total GVP, in relation to a financial year, means the amount that the Minister determines to be the amount of the gross value of production for that financial year of the goods that are the produce of all parts of the fishing industry, whether managed by or on behalf of the Commonwealth, a State or a Territory.\n\ninterim Commonwealth GVP, in relation to a financial year, means the final Commonwealth GVP for the previous financial year.\n\ninterim State or Territory GVP, in relation to a financial year and in relation to a State or Territory, means the final State or Territory GVP for the previous financial year for the State or Territory.\n\ninterim total GVP, in relation to a financial year, means the final total GVP for the previous financial year.\n\n106  Section 32 (heading)\n\n32  Retention limit for Commonwealth’s matching payments\n\n107  Subsection 32(1)\n\n (1) For the purposes of this section, gross value of production, in relation to a levy for a financial year, means the gross value of production, for that financial year, of the goods that are the produce of the primary industry, or class of primary industries, to which the levy relates.\n\n (1A) If:\n\n (a) a levy is attached an R&D Corporation; and\n\n (b) before the end of 31 October next following a financial year, the Minister determines the amount of the gross value of production in relation to the levy for the financial year; and\n\n (c) as at the end of 31 October next following the financial year, the sum of the amounts that were paid to the Corporation during the financial year under paragraph 30(1)(b) exceeds 0.5% of the amount of the gross value of production in relation to the levy for the financial year as determined by the Minister;\n\nthe Corporation must pay to the Commonwealth an amount equal to the excess.\n\n (1B) If:\n\n (a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (1A) the amount of the gross value of production in relation to a levy for the financial year; and\n\n (b) the Minister has determined under subsection (1A) the amount of the gross value of production in relation to the levy for the previous financial year;\n\nthe Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (1A) that the amount of the gross value of production in relation to the levy for the financial year is equal to the amount of the gross value of production in relation to the levy determined under subsection (1A) for the previous financial year.\n\n (1C) The Minister may, on behalf of the Commonwealth, set off an amount payable by the R&D Corporation under subsection (1A) against an amount that is payable to the Corporation under paragraph 30(1)(b).\n\n (1D) A determination made under subsection (1A) is not a legislative instrument.\n\n","sortOrder":110},{"sectionNumber":"108","sectionType":"section","heading":"After paragraph 33(1)(c)","content":"108  After paragraph 33(1)(c)\n\n (ca) in payment to the Commonwealth of amounts payable under subsection 30A(2B) or 32(1A); and\n\n","sortOrder":111},{"sectionNumber":"109","sectionType":"section","heading":"Paragraph 108(1)(b)","content":"109  Paragraph 108(1)(b)\n\nOmit “sections 109 and 110”, substitute “section 109”.\n\n","sortOrder":112},{"sectionNumber":"110","sectionType":"section","heading":"Paragraph 108(1)(b)","content":"110  Paragraph 108(1)(b)\n\nOmit “paragraph 112(1)(d)”, substitute “paragraphs 112(1)(ca) and (d)”.\n\n111  Section 110 (heading)\n\n110  Retention limit for Commonwealth’s matching payments\n\n112  Subsection 110(1)\n\n (1) For the purposes of this section, gross value of production, in relation to a levy for a financial year, means the gross value of production, for that financial year, of the goods that are the produce of the primary industry, or class of primary industries, to which the levy relates.\n\n (1A) If:\n\n (a) a levy is attached to an R&D Fund; and\n\n (b) before the end of 31 October next following a financial year, the Minister determines the amount of the gross value of production in relation to the levy for the financial year; and\n\n (c) as at the end of 31 October next following the financial year, the sum of the amounts that were paid into the R&D Fund during the financial year under paragraph 108(1)(b) exceeds 0.5% of the amount of the gross value of production in relation to the levy for the financial year as determined by the Minister;\n\nthe RIR&D Corporation must pay to the Commonwealth, out of the R&D Fund, an amount equal to the excess.\n\n (1B) If:\n\n (a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (1A) the amount of the gross value of production in relation to the levy for the financial year; and\n\n (b) the Minister has determined under subsection (1A) the amount of the gross value of production in relation to the levy for the previous financial year;\n\nthe Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (1A) that the amount of the gross value of production in relation to the levy for the financial year is equal to the amount of the gross value of production in relation to the levy determined under subsection (1A) for the previous financial year.\n\n (1C) The Minister may, on behalf of the Commonwealth, set off an amount payable out of an R&D Fund under subsection (1A) against an amount that is payable into the R&D Fund under paragraph 108(1)(b).\n\n (1D) A determination made under subsection (1A) is not a legislative instrument.\n\n","sortOrder":113},{"sectionNumber":"113","sectionType":"section","heading":"After paragraph 112(1)(c)","content":"113  After paragraph 112(1)(c)\n\n (ca) in payment to the Commonwealth of amounts payable under subsection 110(1A); and\n\n","sortOrder":114},{"sectionNumber":"114","sectionType":"section","heading":"Application—section 30A of the Primary Industries and Energy Research and Development Act 1989","content":"114  Application—section 30A of the Primary Industries and Energy Research and Development Act 1989\n\n(1) Despite the amendments of the Primary Industries and Energy Research and Development Act 1989 by this Schedule, section 30A of that Act continues to apply, after the commencement of this item, in relation to payments made to an R&D Corporation during:\n\n(2) Subsections 30A(2B) and (2C) of the Primary Industries and Energy Research and Development Act 1989 as amended by this Schedule apply in relation to payments made to an R&D Corporation during:\n\n","sortOrder":115},{"sectionNumber":"115","sectionType":"section","heading":"Application—section 32 of the Primary Industries and Energy Research and Development Act 1989","content":"115  Application—section 32 of the Primary Industries and Energy Research and Development Act 1989\n\n(1) Despite the amendments of the Primary Industries and Energy Research and Development Act 1989 by this Schedule, section 32 of that Act continues to apply, after the commencement of this item, in relation to payments made to an R&D Corporation during:\n\n(2) Subsection 32(1A) of the Primary Industries and Energy Research and Development Act 1989 as amended by this Schedule applies in relation to payments made to an R&D Corporation during:\n\n","sortOrder":116},{"sectionNumber":"116","sectionType":"section","heading":"Application—section 110 of the Primary Industries and Energy Research and Development Act 1989","content":"116  Application—section 110 of the Primary Industries and Energy Research and Development Act 1989\n\n(1) Despite the amendments of the Primary Industries and Energy Research and Development Act 1989 by this Schedule, section 110 of that Act continues to apply, after the commencement of this item, in relation to payments made into an R&D Fund during:\n\n(2) Subsection 110(1A) of the Primary Industries and Energy Research and Development Act 1989 as amended by this Schedule applies in relation to payments made into an R&D Fund during:\n\n","sortOrder":117},{"sectionNumber":"117","sectionType":"section","heading":"Transitional—determinations made under section 30A of the Primary Industries and Energy Research and Development Act 1989","content":"117  Transitional—determinations made under section 30A of the Primary Industries and Energy Research and Development Act 1989\n\nSection 30A of the Primary Industries and Energy Research and Development Act 1989 as amended by this Schedule has effect:\n\n (a) in the case of a determination of an amount of Commonwealth GVP under repealed subsection 30A(4) of the Primary Industries and Energy Research and Development Act 1989—as if the determination had been made as a determination of an amount of final Commonwealth GVP under subsection 30A(4) of that Act as amended by this Schedule; and\n\n (b) in the case of a determination of an amount of State or Territory GVP for a State or Territory under repealed subsection 30A(4) of the Primary Industries and Energy Research and Development Act 1989—as if the determination had been made as a determination of an amount of final State or Territory GVP for the State or Territory under subsection 30A(4) of that Act as amended by this Schedule; and\n\n (c) in the case of a determination of an amount of total GVP under repealed subsection 30A(4) of the Primary Industries and Energy Research and Development Act 1989—as if the determination had been made as a determination of an amount of final total GVP under subsection 30A(4) of that Act as amended by this Schedule.\n\n","sortOrder":118},{"sectionNumber":"118","sectionType":"section","heading":"Transitional—determinations made under section 32 of the Primary Industries and Energy Research and Development Act 1989","content":"118  Transitional—determinations made under section 32 of the Primary Industries and Energy Research and Development Act 1989\n\nSubsection 32(1B) of the Primary Industries and Energy Research and Development Act 1989 as amended by this Schedule has effect as if a determination under repealed subsection 32(1) of the Primary Industries and Energy Research and Development Act 1989 had been made under subsection 32(1A) of that Act as amended by this Schedule.\n\n","sortOrder":119},{"sectionNumber":"119","sectionType":"section","heading":"Transitional—determinations made under section 110 of the Primary Industries and Energy Research and Development Act 1989","content":"119  Transitional—determinations made under section 110 of the Primary Industries and Energy Research and Development Act 1989\n\nSubsection 110(1B) of the Primary Industries and Energy Research and Development Act 1989 as amended by this Schedule has effect as if a determination under repealed subsection 110(1) of the Primary Industries and Energy Research and Development Act 1989 had been made under subsection 110(1A) of that Act as amended by this Schedule.\n\nSame‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008\n\n","sortOrder":120},{"sectionNumber":"120","sectionType":"section","heading":"After section 4","content":"120  After section 4\n\n5  Recoverable payments\n\n (1) If, apart from this subsection, the Commonwealth does not have power under section 4 to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the recipient.\n\n (b) may be recovered by the Chief Executive Officer of ComSuper, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n (4) For the purposes of subsection 4(7), a payment under subsection (1) of this section is taken to be a replacement payment made under section 4.\n\n (5) For the purposes of this section, benefit means a replacement payment under section 4.\n\n6  Recoverable death payments\n\n (1) If, apart from this subsection, the Commonwealth does not have power under section 4 to pay an amount (the relevant amount) in any of the following circumstances:\n\n (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the Chief Executive Officer of ComSuper did not know that the deceased person had died; and\n\n (e) 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.\n\n (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.\n\n (b) may be recovered by the Chief Executive Officer of ComSuper, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n (4) For the purposes of subsection 4(7), a benefit under subsection (1) of this section is taken to be a replacement payment made under section 4.\n\n (5) For the purposes of this section, benefit means a replacement payment under section 4.\n\n7  Reports about recoverable payments and recoverable death payments\n\n (1) During the applicable publication period for a reporting period, the Chief Executive Officer of ComSuper must cause to be published, in such manner as the Chief Executive Officer thinks fit, a report that sets out:\n\n (i) the number of payments made under subsection 5(1) during the reporting period; and\n\n (i) the number of payments made under subsection 6(1) during the reporting period; and\n\n (3) Paragraph (1)(a) of this section does not require a report to deal with a payment unless, before the preparation of the report, a ComSuper official was aware the payment was made under subsection 5(1).\n\n (4) Paragraph (1)(b) of this section does not require a report to deal with a payment unless, before the preparation of the report, a ComSuper official was aware the payment was made under subsection 6(1).\n\n (a) a payment was made under subsection 5(1) or 6(1) in a reporting period; and\n\n (i) because of subsection (3) of this section, paragraph (1)(a) of this section did not require a report to deal with the payment; or\n\n (ii) because of subsection (4) of this section, paragraph (1)(b) of this section did not require a report to deal with the payment; and\n\n (c) during a later reporting period, a ComSuper official becomes aware that the payment was made under subsection 5(1) or 6(1), as the case may be;\n\n (6) If one or more payments made under subsection 5(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Chief Executive Officer of ComSuper must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (c) if paragraph (b) does not apply—publish, in such manner as the Chief Executive Officer thinks fit, the paragraph (a) report.\n\n (7) If one or more payments made under subsection 6(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Chief Executive Officer of ComSuper must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (c) if paragraph (b) does not apply—publish, in such manner as the Chief Executive Officer thinks fit, the paragraph (a) report.\n\n (b) if a lesser number of months is specified, in relation to the reporting period, in a legislative instrument made by the Finance Minister—that number of months;\n\n (10) For the purposes of this section, ComSuper official means an official (within the meaning of the Financial Management and Accountability Act 1997) who is in ComSuper or is part of ComSuper.\n\n (11) For the purposes of this section, Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997.\n\nSuperannuation Act 1976\n\n","sortOrder":121},{"sectionNumber":"121","sectionType":"section","heading":"Subsections 156(4) and (5)","content":"121  Subsections 156(4) and (5)\n\nOmit “an amount of benefit has been paid”, substitute “CSC has paid an amount of benefit”.\n\n","sortOrder":122},{"sectionNumber":"122","sectionType":"section","heading":"After section 156A","content":"122  After section 156A\n\n","sortOrder":123},{"sectionNumber":"156B","sectionType":"section","heading":"Recoverable payments","content":"156B  Recoverable payments\n\n (1) If, apart from this subsection, the Commonwealth does not have power, under this Act or the superseded Act, to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the recipient.\n\n (b) may be recovered by the Chief Executive Officer of ComSuper, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n (4) For the purposes of subsection 112(2), if a payment under subsection (1) of this section relates to a benefit (within the meaning of this Act), the payment is taken to be a benefit.\n\n (5) For the purposes of section 134 of the superseded Act, if a payment under subsection (1) of this section relates to a pension or other money payable under the superseded Act, the payment is taken to be an amount of pension or other money payable under the superseded Act.\n\n (6) For the purposes of this section (other than subsection (4)), benefit includes pension or other money payable under the superseded Act.\n\n","sortOrder":124},{"sectionNumber":"156C","sectionType":"section","heading":"Recoverable death payments","content":"156C  Recoverable death payments\n\n (1) If, apart from this subsection, the Commonwealth does not have power, under this Act or the superseded Act, to pay an amount (the relevant amount) in any of the following circumstances:\n\n (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the Chief Executive Officer of ComSuper did not know that the deceased person had died; and\n\n (e) 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.\n\n (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.\n\n (3) The amount of a benefit under subsection (1):\n\n (a) is a debt due to the Commonwealth by the legal personal representative of the first person; and\n\n (b) may be recovered by the Chief Executive Officer of ComSuper, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n (4) Subsection 112(2) does not apply to a payment under subsection (1) of this section if the payment relates to a pension or other money payable under the superseded Act.\n\n (5) For the purposes of section 134 of the superseded Act, if a payment under subsection (1) of this section relates to a pension or other money payable under the superseded Act, the payment is taken to be an amount of pension or other money payable under the superseded Act.\n\n (6) For the purposes of paragraph (1)(e), benefit includes pension or other money payable under the superseded Act.\n\n","sortOrder":125},{"sectionNumber":"156D","sectionType":"section","heading":"Reports about recoverable payments and recoverable death payments","content":"156D  Reports about recoverable payments and recoverable death payments\n\n (1) During the applicable publication period for a reporting period, the Chief Executive Officer of ComSuper must cause to be published, in such manner as the Chief Executive Officer thinks fit, a report that sets out:\n\n (i) the number of payments made under subsection 156B(1) during the reporting period; and\n\n (i) the number of payments made under subsection 156C(1) during the reporting period; and\n\n (3) Paragraph (1)(a) of this section does not require a report to deal with a payment unless, before the preparation of the report, a ComSuper official was aware the payment was made under subsection 156B(1).\n\n (4) Paragraph (1)(b) of this section does not require a report to deal with a payment unless, before the preparation of the report, a ComSuper official was aware the payment was made under subsection 156C(1).\n\n (a) a payment was made under subsection 156B(1) or 156C(1) in a reporting period; and\n\n (i) because of subsection (3) of this section, paragraph (1)(a) of this section did not require a report to deal with the payment; or\n\n (ii) because of subsection (4) of this section, paragraph (1)(b) of this section did not require a report to deal with the payment; and\n\n (c) during a later reporting period, a ComSuper official becomes aware that the payment was made under subsection 156B(1) or 156C(1), as the case may be;\n\n (6) If one or more payments made under subsection 156B(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Chief Executive Officer of ComSuper must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (c) if paragraph (b) does not apply—publish, in such manner as the Chief Executive Officer thinks fit, the paragraph (a) report.\n\n (7) If one or more payments made under subsection 156C(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Chief Executive Officer of ComSuper must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (c) if paragraph (b) does not apply—publish, in such manner as the Chief Executive Officer thinks fit, the paragraph (a) report.\n\n (b) if a lesser number of months is specified, in relation to the reporting period, in a legislative instrument made by the Finance Minister—that number of months;\n\n (10) For the purposes of this section, ComSuper official means an official (within the meaning of the Financial Management and Accountability Act 1997) who is in ComSuper or is part of ComSuper.\n\n (11) For the purposes of this section, Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997.\n\nSuperannuation Act 1990\n\n","sortOrder":126},{"sectionNumber":"123","sectionType":"section","heading":"After section 39","content":"123  After section 39\n\n","sortOrder":127},{"sectionNumber":"39A","sectionType":"section","heading":"Recoverable payments","content":"39A  Recoverable payments\n\n (1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit under the Rules, then the Commonwealth may pay the relevant amount to the recipient.\n\n (b) may be recovered by the Chief Executive Officer of ComSuper, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n (b) the recipient is receiving, or is entitled to receive, a benefit under the Rules;\n\n (4) For the purposes of section 18, a payment under subsection (1) of this section is taken to be a payment by the Commonwealth under section 16 or 16A.\n\n","sortOrder":128},{"sectionNumber":"39B","sectionType":"section","heading":"Recoverable death payments","content":"39B  Recoverable death payments\n\n (1) 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:\n\n (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the Chief Executive Officer of ComSuper did not know that the deceased person had died; and\n\n (e) 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.\n\n (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.\n\n (b) may be recovered by the Chief Executive Officer of ComSuper, on behalf of the Commonwealth, in a court of competent jurisdiction.\n\n (4) For the purposes of section 18, a benefit under subsection (1) of this section is taken to be a payment by the Commonwealth under section 16 or 16A.\n\n","sortOrder":129},{"sectionNumber":"39C","sectionType":"section","heading":"Reports about recoverable payments and recoverable death payments","content":"39C  Reports about recoverable payments and recoverable death payments\n\n (1) During the applicable publication period for a reporting period, the Chief Executive Officer of ComSuper must cause to be published, in such manner as the Chief Executive Officer thinks fit, a report that sets out:\n\n (i) the number of payments made under subsection 39A(1) during the reporting period; and\n\n (i) the number of payments made under subsection 39B(1) during the reporting period; and\n\n (3) Paragraph (1)(a) of this section does not require a report to deal with a payment unless, before the preparation of the report, a ComSuper official was aware the payment was made under subsection 39A(1).\n\n (4) Paragraph (1)(b) of this section does not require a report to deal with a payment unless, before the preparation of the report, a ComSuper official was aware the payment was made under subsection 39B(1).\n\n (a) a payment was made under subsection 39A(1) or 39B(1) in a reporting period; and\n\n (i) because of subsection (3) of this section, paragraph (1)(a) of this section did not require a report to deal with the payment; or\n\n (ii) because of subsection (4) of this section, paragraph (1)(b) of this section did not require a report to deal with the payment; and\n\n (c) during a later reporting period, a ComSuper official becomes aware that the payment was made under subsection 39A(1) or 39B(1), as the case may be;\n\n (6) If one or more payments made under subsection 39A(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Chief Executive Officer of ComSuper must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (c) if paragraph (b) does not apply—publish, in such manner as the Chief Executive Officer thinks fit, the paragraph (a) report.\n\n (7) If one or more payments made under subsection 39B(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Chief Executive Officer of ComSuper must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (c) if paragraph (b) does not apply—publish, in such manner as the Chief Executive Officer thinks fit, the paragraph (a) report.\n\n (b) if a lesser number of months is specified, in relation to the reporting period, in a legislative instrument made by the Finance Minister—that number of months;\n\n (10) For the purposes of this section, ComSuper official means an official (within the meaning of the Financial Management and Accountability Act 1997) who is in ComSuper or is part of ComSuper.\n\n (11) For the purposes of this section, Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997.\n\nTaxation Administration Act 1953\n\n","sortOrder":130},{"sectionNumber":"124","sectionType":"section","heading":"After section 15A","content":"124  After section 15A\n\n","sortOrder":131},{"sectionNumber":"15B","sectionType":"section","heading":"Recoverable advances","content":"15B  Recoverable advances\n\n (1) The Commissioner may make an advance to a person (the recipient) on account of an amount to which the recipient may become entitled under a taxation law.\n\n (2) The Commissioner must not make an advance under subsection (1) unless:\n\n (a) if the advance is made in conjunction with other advances under that subsection—the Commissioner is satisfied that the total of the costs that would be likely to be incurred by:\n\n (i) the Commonwealth; and\n\n (ii) the recipients; and\n\n (iii) persons other than the Commonwealth or the recipients;\n\n  if the advance and the other advances were not made is likely to exceed the total of the advance and the other advances; or\n\n (b) otherwise—the Commissioner is satisfied that the total of the costs that would be likely to be incurred by:\n\n (i) the Commonwealth; and\n\n (ii) the recipient; and\n\n (iii) persons other than the Commonwealth or the recipient;\n\n  if the advance were not made is likely to exceed the amount of the advance.\n\n (3) An advance under subsection (1) may:\n\n (a) be recovered under subsection (4); or\n\n (b) be the subject of a determination under subsection (5).\n\n (4) If an advance is made under subsection (1) to a person (the recipient), the advance:\n\n (b) is payable to the Commissioner; and\n\n (c) may be recovered in a court of competent jurisdiction by the Commissioner, or by a Deputy Commissioner, suing in his or her official name;\n\nwhether or not the recipient has become entitled to an amount under a taxation law.\n\nAdvance may discharge Commonwealth liability\n\n (5) If:\n\n (a) an advance is made to a person (the recipient) under subsection (1); and\n\n (b) the advance has not been fully recovered under subsection (4); and\n\n (c) an amount is payable to the recipient by the Commonwealth under a taxation law (the Commonwealth liability);\n\nthe Commissioner may, by written notice given to the recipient, determine that the making of the advance is taken to have discharged so much of the Commonwealth liability as equals the whole, or a specified part, of the amount of the advance.\n\n (6) A part of an advance must not be specified in a determination under subsection (5) if it has already been specified in a previous determination under subsection (5).\n\n (7) If the whole, or a part, of an advance is the subject of a determination under subsection (5), the whole, or the part, as the case may be, of the advance is not recoverable under subsection (4).\n\n (8) Subsection (5) does not limit Part IIB.\n\n (9) For the purposes of section 47 of the Financial Management and Accountability Act 1997, a determination under subsection (5) of this section is taken to be a method of debt recovery.\n\n","sortOrder":132},{"sectionNumber":"15C","sectionType":"section","heading":"Recoverable payments","content":"15C  Recoverable payments\n\n (1) If, apart from this subsection, the Commissioner does not have power under a taxation law to pay an amount (the relevant amount) to a person (the recipient) purportedly as an amount to which the recipient is entitled to under a taxation law, then the Commissioner may pay the relevant amount to the recipient.\n\n (b) is payable to the Commissioner; and\n\n (c) may be recovered in a court of competent jurisdiction by the Commissioner, or by a Deputy Commissioner, suing in his or her official name.\n\n (b) an amount is payable to the recipient by the Commonwealth under a taxation law (the Commonwealth liability);\n\n (d) such part of the relevant amount as the Commissioner determines;\n\nmay, if the Commissioner so directs, be recovered by deduction from the Commonwealth liability.\n\n (4) For the purposes of a designated recovery provision, in determining whether an amount is payable, disregard subsection (1) of this section.\n\n (5) If the relevant amount is recovered under a designated recovery provision, the relevant amount cannot be recovered under subsection (2) or (3) of this section.\n\n (6) If the relevant amount is recovered under subsection (2) or (3) of this section, the relevant amount cannot be recovered under a designated recovery provision.\n\n (7) Except as provided by subsection (6), subsection (3) does not limit Part IIB.\n\nDesignated recovery provisions\n\n (8) For the purposes of this section, each of the following provisions is a designated recovery provision:\n\n (a) section 8AAZN of this Act;\n\n (b) section 70 of the Superannuation Guarantee (Administration) Act 1992;\n\n (c) section 50 of the First Home Saver Accounts Act 2008;\n\n (d) section 24 of the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003;\n\n (e) a similar provision of a taxation law.\n\n (9) For the purposes of a designated recovery provision, in determining:\n\n (a) whether a person is entitled to an amount; or\n\n (b) whether an amount is payable;\n\ndisregard subsection (1).\n\n","sortOrder":133},{"sectionNumber":"15D","sectionType":"section","heading":"Reports about recoverable advances and recoverable payments","content":"15D  Reports about recoverable advances and recoverable payments\n\n (1) During the applicable publication period for a reporting period, the Commissioner must publish, in such manner as the Commissioner thinks fit, a report that sets out:\n\n (i) the number of advances made under subsection 15B(1) during the reporting period; and\n\n (ii) the total amount of those advances; and\n\n (i) the number of payments made under subsection 15C(1) during the reporting period; and\n\n (3) Paragraph (1)(b) of this section does not require a report to deal with a payment unless, before the preparation of the report, an Australian Taxation Office official was aware the payment was made under subsection 15C(1).\n\n (a) a payment was made under subsection 15C(1) in a reporting period; and\n\n (b) because of subsection (3) of this section, paragraph (1)(b) of this section did not require a report to deal with the payment; and\n\n (c) during a later reporting period, an Australian Taxation Office official becomes aware that the payment was made under subsection 15C(1);\n\n (5) If one or more payments made under subsection 15C(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Commissioner must, during the applicable publication period for the later reporting period:\n\n (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and\n\n (c) if paragraph (b) does not apply—publish, in such manner as the Commissioner thinks fit, the paragraph (a) report.\n\n (b) if a lesser number of months is specified, in relation to the reporting period, in a legislative instrument made by the Minister—that number of months;\n\nAustralian Taxation Office official\n\n (8) For the purposes of this section, Australian Taxation Office official means an official (within the meaning of the Financial Management and Accountability Act 1997) who is in the Australian Taxation Office or is part of the Australian Taxation Office.\n\nWool Services Privatisation Act 2000\n\n","sortOrder":134},{"sectionNumber":"125","sectionType":"section","heading":"Paragraph 31(2)(b)","content":"125  Paragraph 31(2)(b)\n\n (b) category B payments are spent by the research body on:\n\n (i) research and development activities for the benefit of Australian woolgrowers and the Australian community generally; and\n\n (ii) making payments to the Commonwealth under subsection (7).\n\n","sortOrder":135},{"sectionNumber":"126","sectionType":"section","heading":"Subsection 31(7)","content":"126  Subsection 31(7)\n\nRetention limit for category B payments\n\n (7) The category B payments made to the research body during a particular financial year are subject to the condition that, if:\n\n (a) before the end of 31 October next following the financial year, the Minister determines the amount of the gross value of eligible wool produced in Australia in the financial year; and\n\n (b) as at the end of 31 October next following the financial year, the sum of the category B payments that were paid to the research body during the financial year exceeds the lesser of:\n\n (i) 0.5% of the amount of the gross value of eligible wool produced in Australia in the financial year as determined by the Minister; and\n\n (ii) 50% of the amount spent by the research body in the financial year on activities that qualify, under the contract, as research and development activities;\n\nthe research body will pay to the Commonwealth an amount equal to the excess.\n\nNote: This ensures that the sum of the category B payments that are retained by the research body in relation to the financial year does not exceed the lesser of the amounts calculated under subparagraphs (b)(i) and (b)(ii).\n\n (7A) If:\n\n (a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (7) the amount of the gross value of eligible wool produced in Australia in the financial year; and\n\n (b) the Minister has determined under subsection (7) the amount of the gross value of eligible wool produced in Australia in the previous financial year;\n\nthe Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (7) that the amount of the gross value of eligible wool produced in Australia in the financial year is equal to the amount of the gross value of eligible wool produced in Australia determined under subsection (7) for the previous financial year.\n\n (7B) An amount payable under subsection (7) by the research body:\n\n (7C) A determination made under subsection (7) is not a legislative instrument.\n\n","sortOrder":136},{"sectionNumber":"127","sectionType":"section","heading":"Subsection 31(8A) (note)","content":"127  Subsection 31(8A) (note)\n\nOmit “paragraph (7)(a)”, substitute “the condition in subparagraph (7)(b)(i)”.\n\n","sortOrder":137},{"sectionNumber":"128","sectionType":"section","heading":"Paragraph 31(8B)(b)","content":"128  Paragraph 31(8B)(b)\n\nOmit “paragraph (7)(a)”, substitute “subparagraph (7)(b)(i)”.\n\n","sortOrder":138},{"sectionNumber":"129","sectionType":"section","heading":"Paragraph 31(8B)(b)","content":"129  Paragraph 31(8B)(b)\n\nOmit “category B payments”, substitute “net category B payments”.\n\n","sortOrder":139},{"sectionNumber":"130","sectionType":"section","heading":"Subsection 31(8B) (formula)","content":"130  Subsection 31(8B) (formula)\n\n![](image.005.png)\n\n","sortOrder":140},{"sectionNumber":"131","sectionType":"section","heading":"After subsection 31(8B)","content":"131  After subsection 31(8B)\n\n (8C) If:\n\n (a) an amount (the first amount) is payable by the research body under subsection (7); and\n\n (b) another amount (the second amount) is payable by the Commonwealth to the research body under the funding contract;\n\nthe Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.\n\nNet category B payments\n\n (8D) For the purposes of this section, net category B payments for a financial year means the total of the category B payments made to the research body during the financial year, less the amount payable by the research body under subsection (7) as a condition of those category B payments.\n\n","sortOrder":141},{"sectionNumber":"132","sectionType":"section","heading":"Application—section 31 of the Wool Services Privatisation Act 2000","content":"132  Application—section 31 of the Wool Services Privatisation Act 2000\n\n(1) Despite the amendments of the Wool Services Privatisation Act 2000 by this Schedule, section 31 of that Act continues to apply, after the commencement of this item, in relation to category B payments made to the research body during:\n\n(2) Subsection 31(7) of the Wool Services Privatisation Act 2000 as amended by this Schedule applies in relation to amounts paid to the research body during:\n\n","sortOrder":142},{"sectionNumber":"133","sectionType":"section","heading":"Transitional—determinations made under section 31 of the Wool Services Privatisation Act 2000","content":"133  Transitional—determinations made under section 31 of the Wool Services Privatisation Act 2000\n\nSubsection 31(7A) of the Wool Services Privatisation Act 2000 as amended by this Schedule has effect as if a determination under repealed subsection 31(7) of the Wool Services Privatisation Act 2000 had been made under subsection 31(7) of that Act as amended by this Schedule.\n\nSchedule 2—Validation of certain benefits under the Defence Force Retirement and Death Benefits Act 1973\n\n \n\n1  Definitions\n\nIn this Schedule:\n\ncontributing member has the same meaning as in the Defence Force Retirement and Death Benefits Act 1973.\n\nCSC has the same meaning as in the Defence Force Retirement and Death Benefits Act 1973.\n\nMSB scheme has the same meaning as in the Defence Force Retirement and Death Benefits Act 1973.\n\n2  Validation of certain pensions—members of DFRDB scheme\n\n  a pension commenced to be paid to a person; and\n\n (b) throughout a period (the interim period) ending at or before the commencement of this item, the following conditions were satisfied:\n\n (i) the pension purported to be a benefit payable to the person under the Defence Force Retirement and Death Benefits Act 1973;\n\n (ii) the whole or a part of the pension (which whole or part is in this item called the relevant portion) was not payable; and\n\n (c) at a particular time before 1 July 2008:\n\n (i) the person purported to make an election, in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973, to become a contributing member; or\n\n (ii) the person purported to make an election, in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973, not to become a member of the MSB scheme; and\n\n (d) the election was invalid; and\n\n (e) the relevant portion would have been payable if:\n\n (i) if subparagraph (c)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or\n\n (ii) if subparagraph (c)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973; and\n\n (f) the relevant portion was not recovered in whole or in part, before the commencement of this item, under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(2) The total amount of the relevant portion paid to the person during the interim period:\n\n(3) An amount recoverable under subitem (2) is not recoverable under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(4) There is payable to the person a benefit equal to the total amount of the relevant portion that would have been payable to the person during the interim period if:\n\n (a) if subparagraph (1)(c)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or\n\n (b) if subparagraph (1)(c)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(5) The amount payable by the person under subitem (2) may be set off against the amount payable to the person under subitem (4).\n\n(6) The Defence Force Retirement and Death Benefits Act 1973 and the Military Superannuation and Benefits Act 1991 have, and are taken to have had, effect as if:\n\n (a) if subparagraph (1)(c)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or\n\n (b) if subparagraph (1)(c)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(7) However, the person is not entitled during:\n\n (a) the interim period; or\n\n (b) if the interim period ends before the commencement of this item—the period:\n\n (i) beginning at the end of the interim period; and\n\n (ii) ending at the commencement of this item;\n\nto so much of a pension under the Defence Force Retirement and Death Benefits Act 1973 as corresponds to the relevant portion.\n\n (a) is taken (except for the purposes of subitem (7)) to be a benefit payable under the Defence Force Retirement and Death Benefits Act 1973; and\n\n (b) is taken, for the purposes of subsection 125(3) of the Defence Force Retirement and Death Benefits Act 1973, to be a payment made by the Commonwealth under that Act.\n\n3  Validation of certain lump sums—members of DFRDB scheme\n\n  a lump sum was paid to a person; and\n\n (b) the lump sum purported to be a benefit payable to the person under the Defence Force Retirement and Death Benefits Act 1973; and\n\n (c) the whole or a part of the lump sum (which whole or part is in this item called the relevant portion) was not payable; and\n\n (d) at a particular time before 1 July 2008:\n\n (i) the person purported to make an election, in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973, to become a contributing member; or\n\n (ii) the person purported to make an election, in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973, not to become a member of the MSB scheme; and\n\n (e) the election was invalid; and\n\n (f) the relevant portion would have been payable if:\n\n (i) if subparagraph (d)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or\n\n (ii) if subparagraph (d)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973; and\n\n (g) the relevant portion was not recovered in whole or in part, before the commencement of this item, under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(2) The amount of the relevant portion:\n\n(3) An amount recoverable under subitem (2) is not recoverable under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(4) There is payable to the person a benefit equal to the relevant portion that would have been payable to the person if:\n\n (a) if subparagraph (1)(d)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or\n\n (b) if subparagraph (1)(d)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(5) The amount payable by the person under subitem (2) may be set off against the amount payable to the person under subitem (4).\n\n(6) The Defence Force Retirement and Death Benefits Act 1973 and the Military Superannuation and Benefits Act 1991 have, and are taken to have had, effect as if:\n\n (a) if subparagraph (1)(d)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or\n\n (b) if subparagraph (1)(d)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(7) However, the person is not entitled to so much of a lump sum under the Defence Force Retirement and Death Benefits Act 1973 as corresponds to the relevant portion.\n\n (a) is taken (except for the purposes of subitem (7)) to be a benefit payable under the Defence Force Retirement and Death Benefits Act 1973; and\n\n (b) is taken, for the purposes of subsection 125(3) of the Defence Force Retirement and Death Benefits Act 1973, to be a payment made by the Commonwealth under that Act.\n\n4  Validation of certain pensions—associates of members of DFRDB scheme\n\n  a pension commenced to be paid to a person (the first person); and\n\n (b) throughout a period (the interim period) ending at or before the commencement of this item, the following conditions were satisfied:\n\n (i) the pension purported to be a benefit payable to the first person under the Defence Force Retirement and Death Benefits Act 1973;\n\n (ii) the whole or a part of the pension (which whole or part is in this item called the relevant portion) was not payable; and\n\n (c) at a particular time before 1 July 2008:\n\n (i) another person (the second person) purported to make an election, in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973, to become a contributing member; or\n\n (ii) another person (the second person) purported to make an election, in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973, not to become a member of the MSB scheme; and\n\n (d) the election was invalid; and\n\n (e) the relevant portion would have been payable if:\n\n (i) if subparagraph (c)(i) applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or\n\n (ii) if subparagraph (c)(ii) applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973; and\n\n (f) the relevant portion was not recovered in whole or in part, before the commencement of this item, under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(2) The total amount of the relevant portion paid to the first person during the interim period:\n\n(3) An amount recoverable under subitem (2) is not recoverable under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(4) There is payable to the first person a benefit equal to the total amount of the relevant portion that would have been payable to the first person during the interim period if:\n\n (a) if subparagraph (1)(c)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or\n\n (b) if subparagraph (1)(c)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(5) The amount payable by the first person under subitem (2) may be set off against the amount payable to the first person under subitem (4).\n\n(6) The Defence Force Retirement and Death Benefits Act 1973 and the Military Superannuation and Benefits Act 1991 have, and are taken to have had, effect as if:\n\n (a) if subparagraph (1)(c)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or\n\n (b) if subparagraph (1)(c)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(7) However, the first person is not entitled during:\n\n (a) the interim period; or\n\n (b) if the interim period ends before the commencement of this item—the period:\n\n (i) beginning at the end of the interim period; and\n\n (ii) ending at the commencement of this item;\n\nto so much of a pension under the Defence Force Retirement and Death Benefits Act 1973 as corresponds to the relevant portion.\n\n (a) is taken (except for the purposes of subitem (7)) to be a benefit payable under the Defence Force Retirement and Death Benefits Act 1973; and\n\n (b) is taken, for the purposes of subsection 125(3) of the Defence Force Retirement and Death Benefits Act 1973, to be a payment made by the Commonwealth under that Act.\n\n5  Validation of certain lump sums—associates of members of DFRDB scheme\n\n  a lump sum was paid to a person (the first person); and\n\n (b) the lump sum purported to be a benefit payable to the first person under the Defence Force Retirement and Death Benefits Act 1973; and\n\n (c) the whole or a part of the lump sum (which whole or part is in this item called the relevant portion) was not payable; and\n\n (d) at a particular time before 1 July 2008:\n\n (i) another person (the second person) purported to make an election, in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973, to become a contributing member; or\n\n (ii) another person (the second person) purported to make an election, in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973, not to become a member of the MSB scheme; and\n\n (e) the election was invalid; and\n\n (f) the relevant portion would have been payable if:\n\n (i) if subparagraph (d)(i) applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or\n\n (ii) if subparagraph (d)(ii) applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973; and\n\n (g) the relevant portion was not recovered in whole or in part, before the commencement of this item, under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(2) The amount of the relevant portion:\n\n(3) An amount recoverable under subitem (2) is not recoverable under subsection 126(4) or (5) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(4) There is payable to the first person a benefit equal to the relevant portion that would have been payable to the first person if:\n\n (a) if subparagraph (1)(d)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or\n\n (b) if subparagraph (1)(d)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(5) The amount payable by the first person under subitem (2) may be set off against the amount payable to the first person under subitem (4).\n\n(6) The Defence Force Retirement and Death Benefits Act 1973 and the Military Superannuation and Benefits Act 1991 have, and are taken to have had, effect as if:\n\n (a) if subparagraph (1)(d)(i) of this item applies—the election had been made in accordance with subsection 61B(1) of the Defence Force Retirement and Death Benefits Act 1973; or\n\n (b) if subparagraph (1)(d)(ii) of this item applies—the election had been made in accordance with subsection 61B(3) of the Defence Force Retirement and Death Benefits Act 1973.\n\n(7) However, the first person is not entitled to so much of a lump sum under the Defence Force Retirement and Death Benefits Act 1973 as corresponds to the relevant portion.\n\n (a) is taken (except for the purposes of subitem (7)) to be a benefit payable under the Defence Force Retirement and Death Benefits Act 1973; and\n\n (b) is taken, for the purposes of subsection 125(3) of the Defence Force Retirement and Death Benefits Act 1973, to be a payment made by the Commonwealth under that Act.\n\n6  Compensation for acquisition of property\n\n(1) If the operation of this Schedule would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n(3) In this item:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 30 May 2012\n\nSenate on 20 June 2012]\n\n(100/12)\n\n \n","sortOrder":143}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The instrument goes beyond narrow technical adjustments to Commonwealth financial administration and expands the legal scope of multiple Acts. It does so by: (a) inserting broad, repeatable \"recoverable payment\" and \"recoverable death payment\" powers into numerous statutory regimes (superannuation, gubernatorial allowances, local government assistance, Defence, taxation advances), thereby creating a uniform mechanism to make and later recover payments that might previously have been unauthorised; (b) imposing substantive retention limits and recovery mechanics on industry matching or levy payments across many industry Acts (introducing uniform caps and set‑off powers); and (c) adding a substantial retroactive validation (Schedule 2) that alters historic entitlements and creates deemed elections for Defence pension/lump‑sum recipients. Those measures substantially widen the Act’s practical footprint from routine financial housekeeping to substantive recalibration of rights and recovery powers across a broad set of policy areas."},"complexity_factors":["Amends more than 30 separate Acts across Schedule 1 (wide legislative sweep).","Numerous new recoverable‑payment provisions inserted into many Acts (dozens of new subsections).","Multiple conditional retention rules with numerical thresholds (e.g. 0.5% of GVP; 50% of qualifying R&D spend) repeated across different Acts.","Extensive cross‑references to other Commonwealth statutes and instruments (Financial Management and Accountability Act 1997, taxation laws, Superannuation Acts, ComSuper functions, Defence Acts).","Many timed‑determination rules with fallbacks (frequent 31 October determinations and \"taken to have made\" clauses).","Multiple set‑off powers allowing the Commonwealth to offset different classes of payments (appears in many amended sections).","Reporting and deferred reporting regimes in multiple places (publication periods, deferred reporting obligations).","Transitional and application clauses for each amendment, often preserving prior law for the year of commencement and earlier years.","Schedule 2 provides complex retroactive validation conditions with multi‑step tests, set‑offs, deemed elections and an express constitutional compensation clause (adds litigation/compensation risk)."],"plain_english_summary":"**What this Act does (mechanically)**\n\n- The Act makes targeted changes across a large number of Commonwealth statutes to strengthen financial controls and fix particular past-payment issues. Mechanically it does two main things:\n  - It inserts or clarifies legal authority for the Commonwealth (or Commonwealth agencies) to make certain payments that, strictly speaking, the law might not otherwise have authorised, and to recover those amounts afterwards as debts. (See the new \"recoverable payments\" and \"recoverable death payments\" provisions inserted into many Acts — examples: Defence Force Retirement and Death Benefits Act (124B–124D), Governor‑General Act (4C–4E), Parliamentary Contributory Superannuation Act (24AA–24AB), Superannuation Acts, Military and other superannuation Acts, and the Taxation Administration Act (15B–15D).)\n  - It imposes retention limits and recovery/set‑off mechanics on various industry “matching” or levy‑based payments paid by the Commonwealth to industry bodies (caps tied to gross value of production (GVP) or to a proportion of qualifying R&D spend), together with administrative rules about how to calculate those caps, recovery where the cap is exceeded, and the Minister’s power to set off amounts. (Examples include amendments to the Dairy Produce Act s6, Egg Industry s8, Forestry Marketing s9, Meat & Live‑stock s66, Pig Industry s10, Wool Services s31, Primary Industries R&D Act s30A & s32 and others.)\n\n- The Act adds reporting obligations: when the Commonwealth makes a payment under these \"recoverable\" provisions the relevant department or agency must publish periodic reports (number and total value of such payments) within a specified publication period, with a deferred‑reporting mechanism if the agency only becomes aware later. (See reporting sections added for Defence (124D), Governor‑General (4E), Local Government (18B), ComSuper reporting, Taxation Commissioner reporting (15D) and others.)\n\n- Schedule 2 is a validation clause directed at a discrete historical problem: it validates certain pensions and lump sums paid under the Defence Force Retirement and Death Benefits Act 1973 (DFRDB) where those payments arose during 1 October 1991 to immediately before the Schedule’s commencement and where an election under s61B was invalid. It sets out mechanics for recovery of overpaid amounts, substitute payments, deemed elections, set‑off and provides an express compensation path if the validation has the effect of acquiring property on other than just terms (s51(xxxi) of the Constitution). (See Schedule 2 items 2–6.)\n\n**Who is affected — in plain terms**\n\n- Commonwealth financial managers and Ministers: gain explicit powers to make, recover and set off payments and must publish reports about those payments (various new sections described above).\n- Industry research/service bodies and other recipients of Commonwealth matching or levy‑related payments: face new retention limits (for example, matching payments retained by an industry body cannot exceed the lesser of 0.5% of the relevant GVP or 50% of qualifying R&D expenditure for the year), and may have to repay excess amounts as debts to the Commonwealth. Ministers can set off recovery amounts against future Commonwealth payments to those bodies. (See multiple amended sections such as Dairy Produce s6(4), Egg Industry s8(3), Forestry s9(4), Meat & Live‑stock s66(3), etc.)\n- Superannuation recipients and heirs (and superannuation administrators such as ComSuper): the Act adds express recoverable‑payments and recoverable‑death‑payments powers to multiple pensions/superannuation statutes; those payments made in circumstances where legal authority was ambiguous may be treated as debts recoverable by ComSuper and can be offset against other entitlements. Reporting obligations attach to these recoverable payments. (See e.g. Defence (124B–124D), Same‑Sex Relationships Act additions (5–7), Superannuation Acts 156B–156D, 39A–39C, etc.)\n- Taxpayers and recipients of tax entitlements: the Commissioner is given power to make “advances” on account of tax entitlements (subject to a cost‑benefit test) and to make recoverable payments where legal authority would otherwise be unclear; the Commissioner may also determine that outstanding advances are taken to discharge Commonwealth tax liabilities in certain circumstances. Such advances/payments are recoverable as debts. (See Taxation Administration Act additions 15B–15C.)\n\n**Why it matters (practical consequences and administrative mechanics)**\n\n- Restores legal certainty where past practice left ambiguity. The Act authorises certain payments that agencies have been making or may need to make, and it creates a consistent recovery pathway so that the Commonwealth can reclaim amounts later rather than being stuck with an unauthorised outlay. (E.g. recoverable payments provisions across pensions and allowances.)\n\n- Shifts economic incidence in a few ways:\n  - Industry bodies that receive Commonwealth matching or levy‑related funds now face concrete upper limits on how much they may retain; if receipts exceed the statutory caps they must pay the excess to the Commonwealth. This means concentrated benefits (those industry bodies) may need to return money, while the cost of administering and calculating those limits falls on departments and Ministers (who make GVP determinations). (See retention conditions such as 0.5% of GVP or 50% of qualifying R&D spend in multiple sections cited above.)\n  - Where the Commonwealth pays an amount it did not otherwise have clear power to pay, the recipient takes on the risk that the payment will be treated as a debt and recovered. That changes recipient behaviour: recipients may need to retain records and be alert to possible future recovery or set‑off.\n\n- Gives the Commonwealth practical enforcement tools: recoverable amounts are expressly a debt due to the Commonwealth and may be pursued in court; agencies can also recover by deduction from ongoing benefits or by setting off amounts against payments the Commonwealth owes (set‑off powers appear in many inserted provisions). That concentrates decision power in Ministers/departmental heads and ComSuper for recovery decisions. (See recovery/set‑off wording in many inserted sections e.g. 124B(2), 4C(2), 15C(2) and the repeated set‑off clauses.)\n\n- Creates administrative obligations and conditional complexity: many provisions require the Minister or Secretary to determine GVP or related figures by a hard date (commonly 31 October following the financial year) and include fallbacks where a determination is not made (the previous year’s figure is taken). The administrative burden of making timely, documented determinations (and of publishing reports within specified publication periods) falls on departments. These mechanics introduce timing risk for recipients and the Commonwealth. (See repeated rule: Minister/Secretary to determine GVP before 31 October and the “taken to have made” fallback provisions.)\n\n**Costs, incentives, and trade‑offs to note (mechanisms, not policy judgements)**\n\n- Who pays: industry bodies and individual recipients may have to repay amounts to the Commonwealth when thresholds are exceeded or where a payment was technically unauthorised. The Commonwealth bears short‑term cash outlay risk when it makes an advance or an otherwise‑unauthorised payment, but it acquires a statutory recovery right.\n\n- Who decides: Ministers, Secretaries and agency heads (including the Commissioner and ComSuper CEO) have discretion to determine GVP figures, to direct recoveries by deduction, to make set‑off determinations and to publish reports. That centralises substantive administrative discretion with those officials (see the many \"Minister/Secretary/Chief Executive Officer\" references in the new sections).\n\n- Incentives and opportunity costs: industry bodies face an incentive to keep matching payments within qualifying R&D spend thresholds or to ensure their retained Commonwealth funds do not breach the 0.5% GVP cap; otherwise they must return funds. Departments must prioritise timely data collection to make GVP determinations by 31 October to avoid the fallback. The Commissioner’s advance power includes a cost‑benefit threshold (15B(2)) that requires consideration of likely avoided costs versus the advance amount.\n\n- Compliance burden: added record‑keeping and reporting duties for recipients and extra administrative work for departments (calculating GVP, publishing reports within the applicable publication period, processing recoveries and set‑offs). Several provisions make determinations non‑legislative instruments (i.e., not disallowable), which speeds administration but reduces parliamentary or public oversight of the specific determinations.\n\n- Implementation risk and legal exposure: Schedule 2 validates past Defence payments and creates deemed elections and substitute payments with retroactive effect, but the Schedule includes an express compensation avenue if the validation amounts to an acquisition of property other than on just terms (Schedule 2, item 6). That preserves a route for affected persons to seek compensation under the Constitution.\n\n**Key cross‑cutting mechanisms (examples and section pointers)**\n\n- Recoverable payments: many Acts now contain language that a payment which would otherwise be unauthorised may be made but is recoverable as a debt (examples: Defence 124B–124C, Governor‑General 4C–4D, Parliamentary Contributory Superannuation 24AA–24AB, Superannuation Acts 156B–156C, 39A–39B; Taxation Administration 15C).\n- Recoverable advances / Commissioner power: Taxation Administration Act now allows the Commissioner to make advances and recover them (15B), with a written determination mechanism to discharge a Commonwealth tax liability (15B(5)).\n- Retention caps and set‑offs: industry matching payments are limited (commonly the lesser of 0.5% of GVP and 50% of qualifying R&D spend); if exceeded, excess becomes a debt and may be set off against Commonwealth payments (examples across Dairy s6(4), Egg s8(3), Forestry s9(4), Meat s66(3), Primary Industries s30A & s32(1A), Wool s31(7)).\n- Reporting and deferred reporting: agencies must publish counts and totals of recoverable payments during an \"applicable publication period\" after each reporting period, and there are rules requiring later disclosure if payments were only recognised after an earlier report was prepared (deferred reporting, e.g. Defence 124D, Governor‑General 4E, Taxation 15D).\n\n**Bottom line (mechanical effect)**\n\nThis Act is largely a financial‑framework housekeeping and repair instrument: it (a) creates consistent legal authority to make and later recover payments the Commonwealth might otherwise lack clear power to make; (b) imposes statutory retention caps, recovery and set‑off mechanics on a range of Commonwealth matching/levy payments to industry and research bodies; and (c) validates a set of historical Defence payments while preserving a compensation route where constitutional property rights are affected. Those changes strengthen the Commonwealth’s position to control and recover public money but increase administrative tasks for agencies and create new recovery risks for recipients."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3151},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act remains within its stated purpose of amending 'the law relating to finance'. While it touches many disparate areas (from wool research to military pensions), the unifying theme is the technical administration of Commonwealth payments, appropriations, and debt recovery. The amendments are administrative and machinery in nature, consistent with a 'Financial Framework' omnibus bill."},"complexity_factors":["Amends 21 separate Acts across disparate policy areas (agriculture, defence, taxation, superannuation, maritime safety)","Introduces multiple new statutory debt frameworks with conditional recovery mechanisms (court action, deduction from benefits, and set-off provisions)","Complex transitional provisions distinguishing between historical and future financial years for applicability","Mathematical retention limits and caps (e.g., 0.5% of Gross Value of Production tests) requiring annual calculations and reconciliations","Nested conditional logic for reporting obligations, including \"deferred reporting\" triggered by awareness of officials in later periods","Validation provisions in Schedule 2 involving deemed elections, recovery of overpayments, and substitute payment entitlements","Extensive cross-references to the Financial Management and Accountability Act 1997 regarding debt recovery duties"],"plain_english_summary":"This Act is a large \"omnibus\" bill that fixes technical problems with how the Commonwealth pays money to people and organisations, and how it recovers money when payments are made by mistake.\n\nIt has two main parts:\n\n**Schedule 1** amends around 20 different laws to change payment rules in three main ways:\n\n1.  **Fixing mistaken payments (\"Recoverable Payments\")**: The Act creates new rules allowing the government to pay money even if it technically lacks the legal power to do so—for example, paying a pension to someone who isn't yet technically entitled, or depositing money into a deceased person's account because the government didn't know they had died. However, these payments immediately become **debts** that the Commonwealth can recover later through court action or by deducting from future payments. This applies to various superannuation schemes (Defence, Parliamentary, Military, Governor-General), taxation refunds, and local government grants. It also requires public reporting of these mistaken payments.\n\n2.  **Capping industry research funding**: For various agricultural industries (dairy, eggs, pork, meat, wool, forestry, horticulture), the Commonwealth matches levies collected from farmers and pays them to industry research bodies. This Act changes the rules so these bodies can only keep a limited amount (generally 0.5% of the industry's total production value). If they receive more than this cap, they must pay the excess back. The Act introduces complex calculations for \"net matching payments\" and allows the government to \"set off\" (deduct) these debts against future funding.\n\n3.  **Fixing specific agency funding**: It updates funding arrangements for the Australian Maritime Safety Authority and the Australian Animal Health Council, changing how levies are passed through and how the Commonwealth recovers its administrative costs.\n\n**Schedule 2** fixes a specific historical problem with Defence Force superannuation. Between 1991 and 2008, some defence personnel made invalid elections about which superannuation scheme they belonged to. This meant pensions and lump sums were paid that technically shouldn't have been. This Schedule validates those past payments (so they are legally recognised) but treats the overpaid amounts as debts to be recovered, while also creating substitute entitlements that the members should have received. It allows these amounts to be set off against each other so no one is disadvantaged.\n\n**Who it affects**: Current and former Defence personnel, public servants, Members of Parliament, recipients of Commonwealth superannuation, agricultural industry research bodies, local governments, and taxpayers dealing with the Australian Taxation Office.\n\n**Why it matters**: It ensures the Commonwealth can lawfully make payments in complex administrative situations, recover taxpayer funds when administrative errors occur, and fixes a long-running legal uncertainty affecting thousands of defence retirees. It also ensures agricultural research bodies operate within financial caps and do not accumulate excessive reserves of public money."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/financial-framework-legislation-amendment-act-no-2-2012","history":"/api/acts/financial-framework-legislation-amendment-act-no-2-2012/history","analysis":"/api/acts/financial-framework-legislation-amendment-act-no-2-2012/analysis","conflicts":"/api/acts/financial-framework-legislation-amendment-act-no-2-2012/conflicts","importantCases":"/api/acts/financial-framework-legislation-amendment-act-no-2-2012/important-cases","documents":"/api/acts/financial-framework-legislation-amendment-act-no-2-2012/documents"}}