36Recovery because of court order

36 Recovery because of court order

(1) If a court convicts a person of an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act, the court may, in addition to imposing a penalty, order the person to pay to the Commonwealth an amount specified in the order.

Note: Those sections relate to the making of false or misleading statements or the giving of false or misleading information or documents under a law of the Commonwealth.

(2) The court must not specify an amount that exceeds the total amount paid to the person under the Public and Educational Lending Rights Scheme because of the act, failure or omission in respect of which the person was convicted.

Secretary’s certificate

(3) The Secretary may certify in writing that a specified amount is the total amount paid to a specified person under the Public and Educational Lending Rights Scheme because of a specified act, failure or omission.

(4) A certificate under subsection (3) is prima facie evidence of the matters stated in the certificate.