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Financial Framework Legislation Amendment Act (No. 2) 2012
16BRecoverable payments
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16B Recoverable payments
(1) If, apart from this subsection, the Commonwealth does not have power, under this Act, to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit under the Rules, 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.
(b) the recipient is receiving, or is entitled to receive, a benefit under the Rules;