34Overpayments

34.—(1.) Where the Commission has made, or a registered person has, whether with or without the authority of the Commission, made—

(a) a deficiency payment that was not payable, or was not payable to the person to whom it was paid; or

(b) a deficiency payment that exceeds the amount that was payable,

the amount of the payment, or of the excess, as the case may be, if not otherwise recovered, may be recovered by the Commonwealth from the person to whom it was paid, as a debt due to the Commonwealth, by action in a court of competent jurisdiction.

(2.) An action under the last preceding sub-section shall not be brought except with the consent of the Minister.

(3.) An amount paid by a registered person to which sub-section (1.) of this section applies is not recoverable by the registered person unless the Minister has consented to recovery of that amount by the registered person, but the Minister may, by writing under his hand, release a registered person from liability to the Commonwealth in respect of such an amount and shall not refuse his consent to recovery of such an amount by the registered person unless he so releases the registered person.

Report by Minister.