Commonwealth Numbered Acts

CHILDCARE REBATE ACT 1993 No. 112 of 1993 - SECT 61

61.(1) This section applies if, as a result of a false or misleading
statement, an amount paid, purportedly by way of childcare rebate, exceeds the
amount of childcare rebate (if any) that should have been paid.

(2) The amount of the excess is recoverable as a debt due to the Commonwealth
from the person by or on behalf of whom the statement was made, or from the
estate of that person.

(3) The amount is so recoverable whether or not it was paid to that person,
and whether or not any person has been convicted of an offence relating to the
statement.

(4) If the Managing Director of the Commission has served a notice on the
person, or on the estate, claiming the excess as a debt due to the
Commonwealth and:

   (a)  within the period referred to in subsection (6), an arrangement has
        been entered into between the Managing Director and the person or
        estate for the repayment of the excess, and there has been a default
        in payment of an amount required to be paid under the arrangement; or

   (b)  at the end of that period, such an arrangement has not been entered
        into and all or part of the excess remains unpaid; then, from the day
        after the end of the period, interest at the rate specified in the
        regulations becomes payable on so much of the excess as from time to
        time remains unpaid.

(5) The interest so payable is recoverable as a debt due to the Commonwealth
from the person or the person's estate.

(6) The period for entering into an arrangement under paragraph (4)(a) is a
period of 3 months following the service of the notice under subsection (4),
or such longer period as the Managing Director allows.

(7) Despite subsections (4) and (5), in any proceedings instituted by the
Commonwealth for the recovery of an amount due under subsection (5), the court
may order that the interest payable under that subsection is, and is taken to
have been, so payable from a day later than the day referred to in that
subsection.