86Recoverable payments

86 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 body purportedly as a payment under subsection 15(1), 23(1), 26(1), 27(1), 44(1), 48(1), 54(1) or 58(1), then the Commonwealth may pay the relevant amount to the body. Debt (2) If a payment is made under subsection (1) to the body, the relevant amount: (a) is a debt due to the Commonwealth by the body; and (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction. Set‑off (3) The Commonwealth may set off the whole or a part of the relevant amount against a later payment the Commonwealth must make under this Act to the body. (4) The debt under subsection (2) is reduced by the amount of the set‑off. Appropriation (5) The Consolidated Revenue Fund is appropriated for the purposes of making payments under subsection (1).