QLDIn ForceAct
Queensland Independent Remuneration Tribunal Act 2013
sec.68Liability to repay overpayment
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### sec.68 Liability to repay overpayment
A person who was a member of the Assembly on 1 July 2013 is liable to repay an overpayment received by the member.
The Clerk may recover the overpayment by deducting the amount, or the amount in instalments, from the fortnightly salary payable to the member.
If a member stops being a member after 1 July 2013 and any part of the overpayment is unpaid after the day (the relevant day ) that is 6 months after the day the member stops being a member, the prescribed rate of interest is payable on the unpaid amount on and from the day after the relevant day.
The overpayment together with any interest payable under subsection (3) is a debt owing to the State and may be recovered by the Clerk, with the approval of the Premier, in a court of competent jurisdiction.
A certificate signed by the Clerk stating any of the following is evidence of the matter stated—
that a person was a member who had received an overpayment of a stated amount in relation to a stated period;
that under this section the person is liable to repay a stated amount of the overpayment and any accrued interest;
that the person at a stated date had not paid a stated amount the person is liable to repay under this section.
In this section—
overpayment , for a member of the Assembly, means any amount of remuneration received by the member from 1 July 2013 to the day the tribunal makes its first determination that is more than the amount of remuneration the member is entitled to receive for that period under the first determination.
remuneration means any salary, additional salary or expense of office allowance payable in relation to the member under the Parliamentary Members’ Salary Notice (No. 1) 2013 made by the Governor in Council on 4 July 2013.
s 68 amd 2015 No. 3 s 32
(sec.68-ssec.1) A person who was a member of the Assembly on 1 July 2013 is liable to repay an overpayment received by the member.
(sec.68-ssec.2) The Clerk may recover the overpayment by deducting the amount, or the amount in instalments, from the fortnightly salary payable to the member.
(sec.68-ssec.3) If a member stops being a member after 1 July 2013 and any part of the overpayment is unpaid after the day (the relevant day ) that is 6 months after the day the member stops being a member, the prescribed rate of interest is payable on the unpaid amount on and from the day after the relevant day.
(sec.68-ssec.4) The overpayment together with any interest payable under subsection (3) is a debt owing to the State and may be recovered by the Clerk, with the approval of the Premier, in a court of competent jurisdiction.
(sec.68-ssec.5) A certificate signed by the Clerk stating any of the following is evidence of the matter stated— that a person was a member who had received an overpayment of a stated amount in relation to a stated period; that under this section the person is liable to repay a stated amount of the overpayment and any accrued interest; that the person at a stated date had not paid a stated amount the person is liable to repay under this section.
(sec.68-ssec.6) In this section— overpayment , for a member of the Assembly, means any amount of remuneration received by the member from 1 July 2013 to the day the tribunal makes its first determination that is more than the amount of remuneration the member is entitled to receive for that period under the first determination. remuneration means any salary, additional salary or expense of office allowance payable in relation to the member under the Parliamentary Members’ Salary Notice (No. 1) 2013 made by the Governor in Council on 4 July 2013.
- (a) that a person was a member who had received an overpayment of a stated amount in relation to a stated period;
- (b) that under this section the person is liable to repay a stated amount of the overpayment and any accrued interest;
- (c) that the person at a stated date had not paid a stated amount the person is liable to repay under this section.