38Recovery of overpayments

38 Recovery of overpayments

Set‑off

(1) The Secretary may, on behalf of the Commonwealth, set off the whole or a part of an overpayment of an amount paid to a person or body under the Public and Educational Lending Rights Scheme against another payment to the person or body under that scheme.

Notice requiring person or body to pay amount to Commonwealth

(2) If the Secretary is not able to do so, the Secretary may give the person or body a written notice:

(a) specifying the amount the Commonwealth is not able to set off; and

(b) requiring the person or body to pay to the Commonwealth an amount equal to the amount specified under paragraph (a); and

(c) specifying the period within which the person or body must make the payment, which must be a period of at least 28 days starting on the day on which the notice is given.

Debt

(3) If a person or body is required by a notice under subsection (2) to pay an amount to the Commonwealth and an amount payable by the person or body remains unpaid at the end of the period specified in the notice, the amount unpaid:

(a) is a debt due to the Commonwealth; and

(b) may be recovered by the Secretary, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

Notice not a legislative instrument

(4) A notice under subsection (2) is not a legislative instrument.