39BRecoverable death payments

39B  Recoverable death payments

 (1) If, apart from this subsection, the Commonwealth does not have power under this Act 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 section 18, a benefit under subsection (1) of this section is taken to be a payment by the Commonwealth under section 16 or 16A.