24Benefits not assignable

24  Benefits not assignable  (1) Retiring allowances, annuities and other benefits under this Act shall be absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy, or otherwise howsoever.  (2) Subsection (1) has effect subject to subsection 24AA(4). 24AA  Recoverable payments  (1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the recipient. Recovery  (2) If a payment is made under subsection (1) to the recipient, the relevant amount:  (a) is a debt due to the Commonwealth by the recipient; and  (b) may be recovered by the Secretary of the Department, on behalf of the Commonwealth, in a court of competent jurisdiction.  (3) If:  (a) a payment is made under subsection (1) to the recipient; and  (b) the recipient is receiving, or is entitled to receive, a benefit; then:  (c) the relevant amount; or  (d) such part of the relevant amount as the Secretary of the Department determines; may, if the Secretary of the Department so directs, be recovered by deduction from that benefit. Benefit  (4) For the purposes of this section, benefit means a retiring allowance, annuity or other benefit under this Act. 24AB  Recoverable death payments  (1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) in any of the following circumstances:  (a) the relevant amount is deposited to an account kept in the name of a deceased person;  (b) the relevant amount is deposited to an account kept in the names of a deceased person and another person;  (c) the relevant amount is paid by way of a cheque made out to a deceased person; the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:  (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the Secretary of the Department did not know that the deceased person had died; and  (e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.  (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate. Recovery  (3) If a payment is made under subsection (1), the relevant amount:  (a) is a debt due to the Commonwealth by the legal personal representative of the deceased person; and  (b) may be recovered by the Secretary of the Department, on behalf of the Commonwealth, in a court of competent jurisdiction. Benefit  (4) For the purposes of this section, benefit means a retiring allowance, annuity or other benefit under this Act. 24AC  Reports about recoverable payments and recoverable death payments  (1) During the applicable publication period for a reporting period, the Secretary of the Department must cause to be published, in such manner as the Secretary thinks fit, a report that sets out:  (a) both:  (i) the number of payments made under subsection 24AA(1) during the reporting period; and  (b) both:  (i) the number of payments made under subsection 24AB(1) during the reporting period; and  (ii) the total amount of those payments.  (2) However, a report is not required if:  (a) the number mentioned in subparagraph (1)(a)(i) is zero; and  (b) the number mentioned in subparagraph (1)(b)(i) is zero. Deferred reporting  (3) Paragraph (1)(a) of this section does not require a report to deal with a payment unless, before the preparation of the report, a Departmental official was aware the payment was made under subsection 24AA(1).  (4) Paragraph (1)(b) of this section does not require a report to deal with a payment unless, before the preparation of the report, a Departmental official was aware the payment was made under subsection 24AB(1).  (5) For the purposes of this section, if:  (a) a payment was made under subsection 24AA(1) or 24AB(1) in a reporting period; and  (b) either:  (i) because of subsection (3) of this section, paragraph (1)(a) of this section did not require a report to deal with the payment; or  (ii) because of subsection (4) of this section, paragraph (1)(b) of this section did not require a report to deal with the payment; and  (c) during a later reporting period, a Departmental official becomes aware that the payment was made under subsection 24AA(1) or 24AB(1), as the case may be; the payment is subject to a deferred reporting obligation in relation to the later reporting period.  (6) If one or more payments made under subsection 24AA(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Secretary of the Department must, during the applicable publication period for the later reporting period:  (a) prepare a report that sets out:  (i) the number of those payments; and  (iii) the reporting period during which the payments were made; and  (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and  (c) if paragraph (b) does not apply—publish, in such manner as the Secretary thinks fit, the paragraph (a) report.  (7) If one or more payments made under subsection 24AB(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Secretary of the Department must, during the applicable publication period for the later reporting period:  (a) prepare a report that sets out:  (i) the number of those payments; and  (iii) the reporting period during which the payments were made; and  (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and  (c) if paragraph (b) does not apply—publish, in such manner as the Secretary thinks fit, the paragraph (a) report. Reporting period  (8) For the purposes of this section, a reporting period is:  (a) a financial year; or  (b) if a shorter recurring period is specified in a legislative instrument made by the Minister—that period. Applicable publication period  (9) For the purposes of this section, the applicable publication period for a reporting period is the period of:  (a) 4 months; or  (b) if a lesser number of months is specified, in relation to the reporting period, in a legislative instrument made by the Minister—that number of months; beginning immediately after the end of the reporting period. Departmental official  (10) For the purposes of this section, Departmental official means an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the Department.