54Repayment in other circumstances

54 Repayment in other circumstances

(1) A person is required to repay the Commonwealth the amount worked out under subsection (2) if: (a) an amount is paid to the person by way of fuel security services payment; and (b) either: (i) fuel security services payment was not payable to the person; or (ii) the amount paid is more than the correct amount of fuel security services payment payable to the person. (2) For the purposes of subsection (1), the amount is: (a) if fuel security services payment was not payable to the person—the whole of the amount mentioned in paragraph (1)(a); or (b) otherwise—the amount by which the amount mentioned in paragraph (1)(a) exceeds the correct amount of fuel security services payment payable to the person. (3) An amount repayable by a person under this section is due and payable on the day the amount mentioned in paragraph (1)(a) is paid. (4) An amount repayable by a person under this section is a debt due to the Commonwealth that may be recovered by the Secretary, on behalf of the Commonwealth, in: (a) the Federal Court of Australia; or (b) the Federal Circuit and Family Court of Australia (Division 2); or (c) a court of a State or Territory that has jurisdiction in relation to the matter.