30ARecoverable payments

30A Recoverable payments

(1) If, apart from this subsection and paragraph 31(b), the Commonwealth does not have power under this Act to make a payment of an amount purportedly by way of an entitlement of a person (the recipient) to travel at Commonwealth expense, then: (a) the Commonwealth has the power to make the payment; and (b) for the purpose of section 31, the payment is taken to be a payment of costs of travel under this Act; and (c) the amount of the payment: (i) is a debt due to the Commonwealth by the recipient; and (ii) may be recovered by action in a court of competent jurisdiction. (2) The reference in subsection (1) to the Commonwealth not having power to make a payment of an amount purportedly by way of an entitlement of a person to travel at Commonwealth expense includes a reference to the Commonwealth only having power to make a payment for lower‑cost travel. In this situation, paragraph (1)(c) applies to the amount by which the payment of costs exceeds what it would have been if the lower‑cost travel had instead been undertaken. Interaction with debt recovery regime in section 33 (3) If an amount is recovered under subsection 33(2), the amount cannot be recovered under paragraph (1)(c) of this section. (4) If an amount is recovered under paragraph (1)(c), the amount cannot be recovered under subsection 33(2).