513Requesting information and production of documents

513  Requesting information and production of documents

 (1) If the System Governor, or a person assisting under subsection 511(1), reasonably believes that a person has information or documents relevant to the subject matter of an assurance activity, the System Governor or person assisting may request the person to give the System Governor or person assisting such information or documents (or copies of documents).

 (3) However, before a request is made to a person that is a registered provider, the System Governor or person assisting must inform the person that the registered provider has an obligation under section 177 to cooperate with a person who is performing functions, or exercising powers, under this Part.

Part 13—Recoverable amounts

Division 1—Recoverable amounts

514  Recoverable amounts and debtors

Recoverable amounts—entity not entitled to payment

 (a) the Commonwealth pays an amount to an entity by way of:

 (i) subsidy; or

 (ii) a grant under Division 7 of Part 2 of Chapter 4; and

 (b) the entity was not entitled for any reason to the payment of the amount;

then:

 (c) the amount is a recoverable amount; and

 (d) the entity is a debtor in relation to the recoverable amount.

 (2) Without limiting paragraph (1)(b), an entity is taken not to have been entitled to the payment of an amount if the payment should not have been made for one or more of the following reasons:

 (a) the payment was made as a result of:

 (i) a computer error or an administrative error; or

 (ii) a contravention of this Act; or

 (iii) a false or misleading statement or a misrepresentation; or

 (iv) incorrect information being provided in purported compliance with this Act;

 (b) if the amount was paid by way of subsidy—the circumstances of an individual are different from those on the basis of which subsidy was claimed (including where incorrect information was provided in relation to the claim for the payment);

 (c) if the amount was paid by way of a grant—a statutory funding condition that applies to the grant is not met.

Recoverable amounts—unspent Commonwealth portion

 (3) The available balance of an unspent Commonwealth portion for an individual that is held by an entity is a recoverable amount, and the entity is a debtor in relation to the amount, if:

 (a) the entity was required to return the available balance to the Commonwealth in accordance with section 226B, 226C or 226D; and

 (b) the entity failed to comply with that requirement.