38Loading in respect of contraventions of section 26, 27 or 28

38 Loading in respect of contraventions of section 26, 27 or 28

When this section applies (1) This section applies if: (a) the Commonwealth provides public resources of a particular amount or value (the resource amount) to or in relation to a member purportedly under this Act; and (b) the member contravenes section 26, 27 or 28 in relation to the resources. (2) Without limiting subsection (1): (a) this section applies in relation to the public resources if, under subsection 37(4), a ruling is conclusive evidence of the fact that the member (whether or not the recipient) contravened section 26, 27 or 28 in relation to the provision of the public resources; and (b) this section does not apply in relation to the public resources if, under subsection 37(4), a ruling is conclusive evidence of the fact that the member did not contravene section 26, 27 or 28 in relation to the provision of the public resources.

Note: The ruling may have been given after the member ceased to be a member (see subsection 37(9)).

Resource amount to be reduced by any repayment made to Commonwealth within 28 days of claim (3) This section applies to the resource amount, reduced by any part of that amount that is repaid to the Commonwealth, by or on behalf of the member, before the end of 28 days after the day of the claim.

Note: No amount is repayable if the whole of the resource amount is repaid within the 28 day period.

Loading payable as a penalty for contravention (4) The member is liable to pay the Commonwealth, by way of penalty for the contravention of section 26, 27 or 28, an amount equal to 25% of the amount to which this section applies.

Note 1: Despite this section, a member is not generally liable for a debt if IPEA gives personal advice under paragraph 12(1)(a) of the Independent Parliamentary Expenses Authority Act 2017 that the member would not contravene section 26, 27 or 28 of this Act and the advice is incorrect (see section 58 of this Act).

Note 2: As a member is liable to pay a loading only if the member contravenes section 26, 27 or 28, a loading would not be payable for an overpayment made because of an administrative error within the Commonwealth. However, a debt may arise under section 57 because of an administrative error within the Commonwealth.

(5) The amount of the penalty: (a) is a debt due to the Commonwealth by the member; and (b) may be recovered, on behalf of the Commonwealth, by the resources provider who provided the public resources, by action in a relevant court. Alternative method of recovery: reduction of future amounts (6) A resources provider may determine, in writing, that an amount of public resources that is payable to the member by the resources provider is reduced by all or part of any amount that is recoverable as a debt under subsection (5) from the member. The determination has effect accordingly. (7) The resources provider must consult the member before making the determination. Former members (8) Subsections (3) to (5) continue to apply to a person who ceases to be a member as if a reference to the member included a reference to the former member.