Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 95.5

Refund to transferee if Commonwealth makes double recovery

             (1)  If:

                     (a)  a person (the debtor ) is liable to pay a * recoverable amount under this Part; and

                     (b)  the Commonwealth recovers the amount (or part of it) from another person (the transferee ) by way of deductions under section 95-4; and

                     (c)  the Commonwealth later recovers the amount (or part of it) from the debtor;

the Commonwealth is liable to make a refund to the transferee.

             (2)  The refund payable to the transferee is the smaller of the following amounts:

                     (a)  the total amount recovered from the transferee by way of deductions under section 95-4;

                     (b)  the amount recovered from the debtor.



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