{"id":"F2020L00749","name":"Prescription of a non-corporate Commonwealth entity for the purposes of Recoverable Payments","slug":"prescription-of-a-non-corporate-commonwealth-entity-for-the-purposes-of-recoverable-payments","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":145349,"registerId":"commonwealth-F2020L00749-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Prescription of a non-corporate Commonwealth entity for the purposes of Recoverable Payments","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n \n\n \n\n\nCOMMONWEALTH OF AUSTRALIA\n\n \n\nRemuneration Tribunal Act 1973\n\n \n\n \n\nPrescription of a non-corporate Commonwealth entity for the purposes of   Recoverable Payments\n\n \n\n \n\n \n\nI, BEN MORTON, Parliamentary Secretary to the Prime Minister, under section 16A (8) of the Remuneration Tribunal Act 1973 (the Act), prescribe the Department of the Treasury, a non-corporate Commonwealth entity, as the relevant Commonwealth entity for the purposes of Recoverable Payments in relation to recovery of an amount paid by the National Competition Commission under s 16A(1) of the Act.   \n\n \n\n \n\nDated 27 May 2020\n\n \n\n \n\n \n\n \n\n \n\n \n\nBEN MORTON\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow administrative function authorised by section 16A(8) of the Remuneration Tribunal Act 1973 — prescribing which Commonwealth entity handles recoverable payments. It has not expanded beyond this specific purpose."},"complexity_factors":["Single operative provision with no defined terms","No cross-references to other legislation beyond the empowering provision (s 16A(8))","No conditional logic, exceptions, or procedural requirements","Total length: approximately 150 words","Straightforward factual prescription with no interpretive ambiguity"],"plain_english_summary":"This is a short legal instrument made under the **Remuneration Tribunal Act 1973**. It does one simple thing: it officially names the **Department of the Treasury** as the government body responsible for handling **Recoverable Payments**.\n\n**What are Recoverable Payments?**\nThese are amounts that the **National Competition Commission** (now known as the Australian Competition and Consumer Commission, or ACCC) has paid to someone — usually a former judge or tribunal member — but which later need to be paid back (recovered). This might happen if someone was overpaid, paid in error, or received money they weren't entitled to.\n\n**Why does this matter?**\nBefore this instrument, it wasn't clear which government department had the legal authority to chase up and recover these overpayments. This document fixes that by saying: \"The Treasury handles it.\" This ensures there's a clear process for recovering taxpayer money when mistakes happen.\n\n**Who is affected?**\n- The Department of the Treasury (now responsible for recovery action)\n- Former members of the National Competition Commission who may have received incorrect payments\n- The National Competition Commission/ACCC (which made the original payments)"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument prescribes the Department of the Treasury as the relevant Commonwealth entity for Recoverable Payments relating to an amount paid by the National Competition Commission under s 16A(1) of the Remuneration Tribunal Act 1973, thereby allocating administrative responsibility for recovery to Treasury (instrument para 1). The instrument does not alter the substantive recovery powers or procedures set out in the Act; it changes which Commonwealth entity carries out recovery in the specific circumstance referenced (prescription made under s 16A(8))."},"complexity_factors":["Extremely narrow subject-matter: the instrument performs a single administrative prescription rather than creating new legal standards.","Relies on cross-references to the Remuneration Tribunal Act 1973 (s 16A(1) and s 16A(8)) for substantive effect; full implications require reading those sections.","Uses technical legal terms (for example, 'non-corporate Commonwealth entity' and 'Recoverable Payments') whose meanings are defined elsewhere in statute.","No procedural detail in the instrument itself about recovery methods, timelines, or appeal mechanisms, increasing the need to consult primary legislation or departmental practice.","Low volume of text and limited discretion described—simple drafting but dependent on external statutory context."],"plain_english_summary":"This instrument prescribes the Department of the Treasury as the “relevant Commonwealth entity” for Recoverable Payments relating to an amount paid by the National Competition Commission under s 16A(1) of the Remuneration Tribunal Act 1973. It affects Treasury (administrative responsibility), the Commission (source of the payment) and any parties from whom recovery is sought, and is an administrative allocation only — it does not change recovery procedures or substantive rights."}},"importantCases":[],"_links":{"self":"/api/acts/prescription-of-a-non-corporate-commonwealth-entity-for-the-purposes-of-recoverable-payments","history":"/api/acts/prescription-of-a-non-corporate-commonwealth-entity-for-the-purposes-of-recoverable-payments/history","analysis":"/api/acts/prescription-of-a-non-corporate-commonwealth-entity-for-the-purposes-of-recoverable-payments/analysis","conflicts":"/api/acts/prescription-of-a-non-corporate-commonwealth-entity-for-the-purposes-of-recoverable-payments/conflicts","importantCases":"/api/acts/prescription-of-a-non-corporate-commonwealth-entity-for-the-purposes-of-recoverable-payments/important-cases","documents":"/api/acts/prescription-of-a-non-corporate-commonwealth-entity-for-the-purposes-of-recoverable-payments/documents"}}