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FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 53

Reports about recoverable payments

             (1)  During the applicable publication period for a reporting period, the Secretary must cause to be published, in such manner as the Secretary thinks fit, a report that sets out both:

                     (a)  the number of payments made under subsection 52(1) during the reporting period; and

                     (b)  the total amount of those payments.

             (2)  However, a report is not required if the number of payments is zero.

Deferred reporting

             (3)  Subsection (1) does not require a report to deal with a payment unless, before the preparation of the report, an APS employee in the Department was aware that the payment was made under subsection 52(1).

             (4)  For the purposes of this section, if:

                     (a)  a payment was made under subsection 52(1) in a reporting period; and

                     (b)  because of subsection (3) of this section, subsection (1) of this section did not require a report to deal with the payment; and

                     (c)  during a later reporting period an APS employee in the Department becomes aware that the payment was made under subsection 52(1);

the payment is subject to a deferred reporting obligation in relation to the later reporting period.

             (5)  If one or more payments made under subsection 52(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Secretary must, during the applicable publication period for the later reporting period:

                     (a)  prepare a report that sets out:

                              (i)  the number of those payments; and

                             (ii)  the total amount of those payments; and

                            (iii)  the reporting period during which the payments were made; and

                     (b)  if a report is required under subsection (1) in relation to the later reporting period--include the report under paragraph (a) in the report under subsection (1); and

                     (c)  if paragraph (b) does not apply--publish, in such manner as the Secretary thinks fit, the report under paragraph (a).

Reporting period

             (6)  For the purposes of this section, a reporting period is:

                     (a)  a financial year; or

                     (b)  if a shorter recurring period is specified in a legislative instrument made by the Finance Minister--that period.

Applicable publication period

             (7)  For the purposes of this section, the applicable publication period for a reporting period is the period of:

                     (a)  4 months; or

                     (b)  if a lesser number of months is specified, in relation to the reporting period, in a legislative instrument made by the Finance Minister--that number of months;

beginning immediately after the end of the reporting period.



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