47Recovery of grants and costs from third parties

47 Recovery of grants and costs from third parties

(1)  The Commissioner, by written notice, may require any of the following persons instead of the applicant, or former applicant, to pay any amount due under section 46 :

(a) a person from whom any money is due or accruing or may become due to the applicant;

(b) a person who holds, or may subsequently hold, money for or on account of the applicant;

(c) a person who holds, or may subsequently hold, money on account of some other person for payment to the applicant;

(d) a person who has authority from some other person to pay money to the applicant.

(2)  A copy of a notice served on a person under subsection (1) is to be served on the applicant to which the notice relates.

(3)  The amount of money required to be paid by a person under subsection (1) is –

(a) if the amount of money held or due or authorised to be paid does not exceed the amount payable by the applicant to the Commissioner, all the money; or

(b) if the amount of the money exceeds the amount payable, sufficient money to pay the amount so payable.

(4)  A person required to pay money under this section must pay the money to the Commissioner on the later of the following:

(a) on receipt of the notice under subsection (1) ;

(b) when the money is held by the person;

(c) within the period specified in the notice under subsection (1) .

(5)  A person subject to the requirement of the Commissioner under this section must comply with the requirement.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) in any other case, a fine not exceeding 20 penalty units.