16ARecoverable payments

#### 16A Recoverable payments (1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) to a person (the recipient) purportedly as a benefit, then the Commonwealth may pay the relevant amount to the recipient. Recovery (2) If a payment is made under subsection (1) to the recipient, the relevant amount: (a) is a debt due to the Commonwealth by the recipient; and (b) may be recovered by the accountable authority of the relevant Commonwealth entity, on behalf of the Commonwealth, in a court of competent jurisdiction. (3) If: (a) a payment is made under subsection (1) to the recipient; and (b) the recipient is receiving, or is entitled to receive, a benefit; then: (c) the relevant amount; or (d) such part of the relevant amount as the accountable authority of the relevant Commonwealth entity determines; may, if the accountable authority so directs, be recovered by deduction from that benefit, unless the recipient is a Justice or Judge of a federal court. Appropriation (4) For the purposes of subsection 7(13), if a payment under subsection (1) of this section relates to remuneration (including salary) or an allowance under subsection 7(9), the payment is taken to be remuneration or an allowance under subsection 7(9). (5) For the purposes of subsection 7(13), if a payment under subsection (1) of this section relates to reimbursement under subsection 7(10), the payment is taken to be reimbursement under subsection 7(10). Definitions (6) In this section: > accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013. > benefit means: (a) remuneration (including salary) or an allowance under subsection 7(9); or (b) a reimbursement under subsection 7(10). > non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. > relevant Commonwealth entity, in relation to a recovery under this section of the whole or part of a relevant amount, means: (a) the non‑corporate Commonwealth entity that paid the relevant amount under subsection (1) on behalf of the Commonwealth; or (b) if a different non‑corporate Commonwealth entity is prescribed in an instrument under subsection (8)—that non‑corporate Commonwealth entity. (8) The Minister may, by legislative instrument, prescribe a non‑corporate Commonwealth entity for the purposes of paragraph (b) of the definition of relevant Commonwealth entity in subsection (6).