51Cancellation of units because of an error made by the DAA

#### 51 Cancellation of units because of an error made by the DAA (1) If: (a) the DAA made an error in relation to the grant of a payment right; and (b) clause 50 does not apply; and (c) either: (i) the payment right would not have been granted if the DAA had not made that error; or (ii) the face value of the payment right exceeds the amount that would have been the amount of the face value if the DAA had not made that error; the DSAP scheme or the SDA scheme (as the case may be) must authorise the DAA to: (d) if subparagraph (c)(i) applies—cancel all of the units in the payment right; or (e) if subparagraph (c)(ii) applies—cancel the number of units in the payment right worked out by: (i) dividing the number of whole dollars in the amount of the excess by 32; and (ii) if the result of the division is not a whole number—rounding down the result to the nearest whole number (treating zero as a whole number). (2) The DSAP scheme or the SDA scheme (as the case may be) may provide that the DAA is not to cancel a unit as authorised under this clause if the DAA is satisfied that the entity, or each of the entities, who received a DSAP payment or an SDA payment in respect of the unit acted in good faith. (3) If a unit is cancelled as authorised under this clause, this Schedule and the DSAP scheme or the SDA scheme (as the case may be) have, and are taken always to have had, effect as if the unit was never in existence. > Note: This may result in an overpayment. For recovery of overpayments, see Division 4.