65AMinister may decide that compensation be repaid

65A Minister may decide that compensation be repaid

(1) The Minister may decide that the whole or any part of an amount of compensation paid to an owner be repaid by that owner if—

(a) the Minister considers that the decision to pay the compensation was made in error; or

(b) the Minister considers that the decision to pay the compensation was based on false or misleading information provided by the owner when making the claim for the compensation; or

(c) for any other reason, the Minister decides that the compensation must be repaid.

(2) If the Minister makes a decision for an amount of compensation to be repaid under subsection (1), the Minister must decide on a reasonable day before or on which the amount of compensation is to be repaid (the due date).

(3) If the owner does not pay the whole of the amount of the compensation to be repaid before or on the due date, the owner will be liable to pay interest on the amount of the compensation not repaid.

(4) Interest referred to in subsection (3) will be calculated on a daily basis from the end of the due date until the amount of compensation is repaid in full at the interest rate that applies from time to time under Division 1 of Part 5 of the Taxation Administration Act 1997.

(5) The Minister may enter into an arrangement (which may include provision for the payment of interest) for the payment by instalments of the amount of compensation to be repaid that is outstanding at the time of entering into the arrangement.

(6) The Minister may recover an amount of compensation that has not been repaid by the due date as a debt due to the State and may issue proceedings in a court of competent jurisdiction no later than 5 years after the compensation referred to in subsection (1) was paid to the owner.

owner means a person who is paid compensation under this Division.

S. 65B inserted by No. 1/2024 s. 11.