37

37 Recovery of payments made because of false or misleading information or documents

(1) The Commonwealth may recover from a person or body an amount equal to the amount paid to the person or body under the Public and Educational Lending Rights Scheme if the amount paid was because of the person or body providing information or a document to the Secretary that was false or misleading in a material particular.

(2) The Secretary may, on behalf of the Commonwealth, recover the amount from the person or body as a debt due to the Commonwealth by action in a court of competent jurisdiction.

Secretary’s certificate

(3) The Secretary may certify in writing that a specified amount is the amount paid to a specified person or body under the Public and Educational Lending Rights Scheme because of the person or body providing information or a document to the Secretary that was false or misleading in a material particular.

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