sec.73Liability to repay overpayment

### sec.73 Liability to repay overpayment The purpose of this section is to enable the recovery of any overpayments made to members for the period from 6 April 2015 until the day this section commences (the transitional period ), consequent on the retrospective revocation of Determination 7/2015 under section 72. Determination 7/2015 stated that it took effect on 6 April 2015. For this section— a member’s actual remuneration is the amount of remuneration received by the member for the transitional period; and a member’s entitlement is the amount of remuneration to which the member was entitled, under this Act as affected by section 72, for the transitional period; and an overpayment is an amount by which a member’s actual remuneration is more than the member’s entitlement. A person who was a member at any time during the transitional period is liable to repay any overpayment received by the person. The Clerk may recover the overpayment by deducting the amount, or the amount in instalments, from the fortnightly salary payable to the person. If the person stopped or stops being a member on or after 6 April 2015 and any part of the overpayment is unpaid after the day (the relevant day ) that is 6 months after the day the person stopped or 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 (5) may, with the Premier’s approval, be recovered by the Clerk as a debt owing to the State. 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. s 73 ins 2015 No. 3 s 33 (sec.73-ssec.1) The purpose of this section is to enable the recovery of any overpayments made to members for the period from 6 April 2015 until the day this section commences (the transitional period ), consequent on the retrospective revocation of Determination 7/2015 under section 72. Determination 7/2015 stated that it took effect on 6 April 2015. (sec.73-ssec.2) For this section— a member’s actual remuneration is the amount of remuneration received by the member for the transitional period; and a member’s entitlement is the amount of remuneration to which the member was entitled, under this Act as affected by section 72, for the transitional period; and an overpayment is an amount by which a member’s actual remuneration is more than the member’s entitlement. (sec.73-ssec.3) A person who was a member at any time during the transitional period is liable to repay any overpayment received by the person. (sec.73-ssec.4) The Clerk may recover the overpayment by deducting the amount, or the amount in instalments, from the fortnightly salary payable to the person. (sec.73-ssec.5) If the person stopped or stops being a member on or after 6 April 2015 and any part of the overpayment is unpaid after the day (the relevant day ) that is 6 months after the day the person stopped or 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.73-ssec.6) The overpayment together with any interest payable under subsection (5) may, with the Premier’s approval, be recovered by the Clerk as a debt owing to the State. (sec.73-ssec.7) 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. - (a) a member’s actual remuneration is the amount of remuneration received by the member for the transitional period; and - (b) a member’s entitlement is the amount of remuneration to which the member was entitled, under this Act as affected by section 72, for the transitional period; and - (c) an overpayment is an amount by which a member’s actual remuneration is more than the member’s entitlement. - (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.