120After section 4

120  After section 4

5  Recoverable payments

 (1) If, apart from this subsection, the Commonwealth does not have power under section 4 to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the recipient.

 (b) may be recovered by the Chief Executive Officer of ComSuper, on behalf of the Commonwealth, in a court of competent jurisdiction.

 (4) For the purposes of subsection 4(7), a payment under subsection (1) of this section is taken to be a replacement payment made under section 4.

 (5) For the purposes of this section, benefit means a replacement payment under section 4.

6  Recoverable death payments

 (1) If, apart from this subsection, the Commonwealth does not have power under section 4 to pay an amount (the relevant amount) in any of the following circumstances:

 (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the Chief Executive Officer of ComSuper did not know that the deceased person had died; and

 (e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.

 (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.

 (b) may be recovered by the Chief Executive Officer of ComSuper, on behalf of the Commonwealth, in a court of competent jurisdiction.

 (4) For the purposes of subsection 4(7), a benefit under subsection (1) of this section is taken to be a replacement payment made under section 4.

 (5) For the purposes of this section, benefit means a replacement payment under section 4.

7  Reports about recoverable payments and recoverable death payments

 (1) During the applicable publication period for a reporting period, the Chief Executive Officer of ComSuper must cause to be published, in such manner as the Chief Executive Officer thinks fit, a report that sets out:

 (i) the number of payments made under subsection 5(1) during the reporting period; and

 (i) the number of payments made under subsection 6(1) during the reporting period; and

 (3) Paragraph (1)(a) of this section does not require a report to deal with a payment unless, before the preparation of the report, a ComSuper official was aware the payment was made under subsection 5(1).

 (4) Paragraph (1)(b) of this section does not require a report to deal with a payment unless, before the preparation of the report, a ComSuper official was aware the payment was made under subsection 6(1).