39Debts are recoverable by the Commonwealth

#### 39 Debts are recoverable by the Commonwealth (1) If a person: (a) has been paid an amount of a kind referred to in paragraph (a), (aa) or (b) of the definition of debt in section 38; or (b) incurs an amount referred to in paragraph (c) of that definition; the amount is a debt owed by the person to the Commonwealth. (2) A debt that arises under subsection (1) because of an ABSTUDY student start‑up loan overpayment is taken to have arisen when the person is paid the loan to which the overpayment relates.