Family and Community Services Legislation Amendment Act 2003 (30 of 2003)

Schedule 2   Amendments of the family assistance law and certain related Acts

Part 1   Amendments commencing on Royal Assent

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

27   At the end of section 71B

Add:

(2) If:

(a) a payment representing one or more amounts by way of advance determined under section 219Q is made to a financial institution for the credit of an account kept with the institution (the 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 someone 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, as the case requires, in whose name the incorrect account was kept.

Note: The heading to section 71B is replaced by the heading " Debts where no entitlement or where advance paid to wrong account ".