26PRecovery of grant on conviction

26P Recovery of grant on conviction

(1) Where a person is convicted of an offence against subsection 26N(1), the court may, in addition to imposing a penalty under that subsection, order the person to refund to the Commonwealth the amount of any grant wrongfully obtained by the person because of the commission of the offence. (2) Where:

(a) a court makes an order under subsection (1) ordering a person to refund to the Commonwealth the amount of a grant; and

(b) the court has civil jurisdiction to the extent of the amount;

the order is enforceable in all respects as a final judgment of the court in favour of the Commonwealth. (3) Where:

(a) a court makes an order under subsection (1) ordering a person to refund to the Commonwealth the amount of a grant; and

(b) the court:

(i) does not have civil jurisdiction; or

(ii) has civil jurisdiction, but does not have civil jurisdiction to the extent of the amount;

the proper officer of the court shall issue to the Secretary to the Department a certificate in the prescribed form containing the prescribed particulars. (4) The certificate may, in the prescribed manner and subject to the prescribed conditions (if any), be registered in a court having civil jurisdiction to the extent of the amount ordered to be refunded to the Commonwealth. (5) Upon registration under subsection (4), the certificate is enforceable in all respects as a final judgment of the court in favour of the Commonwealth. (6) The costs of registration of the certificate and other proceedings under this section shall, subject to the prescribed conditions (if any), be deemed to be payable under the certificate. (7) In this section, grant includes an advance under section 26L.