167Recovery of amounts (other than funding contribution and late payment penalty)

167  Recovery of amounts (other than funding contribution and late payment penalty)  (1) If an amount has been paid to a person or an institution (the recipient) under this Act, the amount is a debt due to the Commonwealth only to the extent expressly provided for by this section.  (2) If the amount paid to the recipient was not payable because:  (a) the amount was paid to the wrong person or institution; or  (b) the amount exceeds the amount payable to the recipient; then the amount paid, or the excess, is a debt due to the Commonwealth by the recipient.  (3) If the amount paid to the recipient was paid wholly or partly because of a false or misleading statement, or a misrepresentation, by the recipient or another person, then an amount equal to so much of the amount paid as is attributable to the false or misleading statement, or the misrepresentation, is a debt due to the Commonwealth by the recipient.  (a) the recipient was required under section 181 to notify the Operator about a matter; and  (b) the recipient did not comply with the requirement; and  (c) had the Operator been notified as required, the amount that was paid to the recipient would not have been payable; then an amount equal to so much of the amount paid as is attributable to the failure to comply with the requirement is a debt due to the Commonwealth by the recipient.  (4A) The amount paid to the recipient is a debt due to the Commonwealth if:  (a) the amount was an advance payment paid in relation to a person after the person made an application for redress under the scheme; and  (b) either:  (i) the person withdraws the application under section 22; or  (ii) the Operator gives the person an offer of redress under section 39, and the person declines the offer under section 45.  (5) A debt due by the recipient under this section in relation to an amount arises at the time the amount was paid to the recipient.