A New Tax System (Family Assistance) (Administration) Act 1999

PART 4 - OVERPAYMENTS AND DEBT RECOVERY  

Division 2 - Amounts recoverable under this Act  

SECTION 71H   Debts in respect of business continuity payments paid to provider  

71H(1)    
If:

(a)    

an amount is paid under section 205A or 205C (business continuity payments) in respect of a child care service; and

(b)    any of the following occurs:

(i) the approval of the provider of the service is suspended or cancelled;

(ii) the approval of the provider of the service is varied to remove the service from the approval;

(iii) the approval of the provider in respect of the service is suspended; and

(c)    the whole or a part of the amount has not already been set off against another amount under section 205B by the day the suspension, cancellation or variation takes effect;

then that whole or part is a debt due to the Commonwealth by the provider immediately before the provider ' s approval was suspended, cancelled or varied.

71H(1A)    

If:

(a)    an amount is paid under section 205C (business continuity payments - emergency or disaster) in respect of a child care service; and

(b)    the provider of the service is not eligible for the whole or a part of the payment;

then that whole or part is a debt due to the Commonwealth by the provider.

71H(2)    
If:

(a)    

a payment under section 205A or 205C is made to a financial institution for the credit of an account kept with the institution (an incorrect account ); and

(b)    the Secretary is satisfied that the amount paid to the institution was intended to be paid for the credit of an account kept in the name of a person who was not the person, or one of the persons, in whose name the incorrect account was kept;

an amount equal to the amount of the payment made to the institution is, subject to subsection 93A(5) , a debt due to the Commonwealth by the person, or jointly and severally by the persons, in whose name the incorrect account was kept.