39ARecoverable payments

39A  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;

 (4) For the purposes of section 18, a payment under subsection (1) of this section is taken to be a payment by the Commonwealth under section 16 or 16A.