34Recovery from person eligible for advance

#### 34 Recovery from person eligible for advance (1) This section applies if: (a) the Commonwealth pays someone (the payee) an advance for a person’s employment by an employer; and (b) an amount (the later amount) for an employment entitlement of the person for which an amount was included in the advance is later paid by someone (the later payer) to the person or for the benefit of the person or in accordance with the person’s directions; and (c) the later payer is not: (i) the Commonwealth; or (ii) the liquidator or bankruptcy trustee of the employer; or (iii) the payee. (2) There is a debt due by the person to the Commonwealth of the lesser of the following (or either of them if they are equal): (a) the later amount; (b) the difference between the advance and the sum of: (i) the amounts paid to the Commonwealth in the winding up or bankruptcy of the employer because of Division 1; and (ii) the debts (if any) created by previous operations of this section in relation to the person. (3) A debt under this section may be recovered by the Secretary, on behalf of the Commonwealth, in a court of competent jurisdiction.