sec.123Refund of paid assistance and unpaid assistance stops being payable

### sec.123 Refund of paid assistance and unpaid assistance stops being payable This section applies if— the person has been granted assistance in relation to the application; and in the prosecution of the person, the prosecuting agency proves the assistance was granted on the basis of the person’s acts or omissions constituting the offence. The assistance is taken never to have been granted and the person must refund to the State any amount of the assistance paid to the person. An amount that is refundable under this section is a debt owed to the State by the person. Any part of the amount of assistance not paid to the person stops being payable to the person. (sec.123-ssec.1) This section applies if— the person has been granted assistance in relation to the application; and in the prosecution of the person, the prosecuting agency proves the assistance was granted on the basis of the person’s acts or omissions constituting the offence. (sec.123-ssec.2) The assistance is taken never to have been granted and the person must refund to the State any amount of the assistance paid to the person. (sec.123-ssec.3) An amount that is refundable under this section is a debt owed to the State by the person. (sec.123-ssec.4) Any part of the amount of assistance not paid to the person stops being payable to the person. - (a) the person has been granted assistance in relation to the application; and - (b) in the prosecution of the person, the prosecuting agency proves the assistance was granted on the basis of the person’s acts or omissions constituting the offence.