19FIncorrect redress paid

19F Incorrect redress paid

[Section 19F Inserted by No. 21 of 2025, s. 9, Applied:27 Nov 2025]

(1)  In this section –

original redress amount means a redress amount paid under this Part to an eligible recipient;

variation amount, in respect of an expunged charge or charges, means the difference between the varied redress amount for that charge or those charges and the original redress amount paid in respect of that charge or those charges;

varied redress amount, in respect of an expunged charge or charges, means the redress amount for that charge or those charges as varied under subsection (2) .

(2)  If the Secretary is satisfied that a redress payment paid in respect of an expunged charge or charges under this Part was calculated incorrectly, the Secretary is to vary the redress amount payable in respect of that charge or those charges and is to notify the person to whom the redress has been paid of that variation.

(3)  If the amount paid as the original redress amount in respect of an expunged charge or charges is greater than the varied redress amount for that charge or those charges, the Secretary may recover the variation amount from the person whose charge has or charges have been expunged as a debt due and payable to the Crown.

(4)  If the varied redress amount payable for an expunged charge or charges is greater than the original redress amount paid in respect of that charge or those charges, the Secretary must pay the variation amount to the person whose charge has or charges have been expunged.