16BRecoverable death payments

#### 16B Recoverable death payments (1) If, apart from this subsection, the Commonwealth does not have power under this Act to pay an amount (the relevant amount) in any of the following circumstances: (a) the relevant amount is deposited to an account kept in the name of a deceased person; (b) the relevant amount is deposited to an account kept in the names of a deceased person and another person; (c) the relevant amount is paid by way of a cheque made out to a deceased person; the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as: (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, the accountable authority of the relevant Commonwealth entity did not know that the deceased person had died; and (e) apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died. (2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate. Recovery (3) If a payment is made under subsection (1), the relevant amount: (a) is a debt due to the Commonwealth by the legal personal representative of the deceased person; 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. 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 payment or 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).