21Recovery of rebates and costs from third parties

21 Recovery of rebates and costs from third parties

(1)  The Commissioner, by notice in writing, may require any of the following persons instead of the claimant (or former claimant) to pay any amount due under section 19 or 20 in respect of the claimant:

(a) a person from whom any money is due or accruing or may become due to the claimant (or former claimant);

(b) a person who holds or may subsequently hold money for or on account of the claimant (or former claimant);

(c) a person who holds or may subsequently hold money on account of some other person for payment to the claimant (or former claimant);

(d) a person who has authority from some other person to pay money to the claimant (or former claimant).

(2)  A copy of the notice made under subsection (1) is to be served on the claimant (or former claimant) to which it relates.

(3)  The amount of money required to be paid by a person under subsection (1) is –

(a) if the amount of the money held or due or authorised to be paid does not exceed the amount owed by the claimant (or former claimant) to the Commissioner, all the money; or

(b) if the amount of the money exceeds the amount owed by the claimant (or former claimant), sufficient money to pay the amount owed.

(4)  A person required to pay money under this section must pay the money to the Commissioner –

(a) as soon as practicable after receiving the notice referred to in subsection (1) ; or

(b) when the money is held by the person –

whichever is the later, or within any later period specified by the Commissioner.

(5)  A person subject to a requirement of the Commissioner under this section must comply with the requirement.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units; or