57Recoverable payments

57 Recoverable payments

Application of this section (1) This section applies if: (a) the Commonwealth makes a payment for the purposes of providing any of the following resources to a person (the recipient): (i) remuneration or resources under Part 2; (ii) public resources; (iii) resources under Part 5; and (b) apart from this subsection and paragraph 59(b), the Commonwealth does not have power under this Act to make the payment. (2) Without limiting subsection (1): (a) this section applies in relation to the public resources referred to in subparagraph (1)(a)(ii) if, under subsection 37(4), a ruling is conclusive evidence of the fact that a person who is or was a 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 referred to in subparagraph (1)(a)(ii) if, under subsection 37(4), a ruling is conclusive evidence of the fact that a person who is or was a member did not contravene section 26, 27 or 28 in relation to the provision of the public resources. Payments of amounts of money purportedly under this Act (3) If this section applies in relation to a payment, the following provisions apply in relation to the payment: (a) the Commonwealth has the power to make the payment; (b) for the purpose of section 59, the payment is taken to be a payment under, or for the purposes of, this Act; (c) the amount of the payment: (i) is a debt due to the Commonwealth by the recipient; and (ii) may be recovered, on behalf of the Commonwealth, by the resources provider who made the payment, by action in a relevant court.

Note 1: A loading may also apply in relation to the payment (see Division 3 of Part 4).

Note 2: Despite this subsection, the recipient is not generally liable for a debt if IPEA gave personal advice under paragraph 12(1)(a) of the Independent Parliamentary Expenses Authority Act 2017 that the recipient would not contravene section 26, 27 or 28 of this Act and the advice is incorrect (see section 58 of this Act).

(4) The reference in subsection (1) to the Commonwealth not having power to make a payment includes a reference to the Commonwealth only having power to make a payment of a lesser amount. In this situation, paragraph (3)(c) applies to the amount by which the payment exceeds what it would have been if the payment of the lesser amount had instead been paid. Alternative method of recovery: reduction of future amounts (5) A resources provider may determine, in writing, that an amount of: (a) if the payment was of remuneration—remuneration; or (b) otherwise—public resources, or resources under Part 2 or 5; that is payable to the recipient by the resources provider is reduced by all or part of any amount that is recoverable as a debt under paragraph (3)(c) from the recipient. The determination has effect accordingly. (6) The resources provider must consult the recipient before making the determination. How this section applies to resources that relate to activities of another person (except a member of staff) (7) For the purpose of this section, a payment is made for the purposes of providing resources referred to in paragraph (1)(a) even if the resources relate to the activities of another person, except activities as a member of staff of the recipient.