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Where an amount is debited from a person's income management account, to provide for a direct payment by cheque, whether a restricted payment (SS(Admin)Act section 123YM and section 123YN), or an unrestricted payment (SS(Admin)Act section 123YO and section 123YP), and a person other than the payee obtains value for that cheque without the permission of the payee (i.e. the payee did not endorse the cheque to that other person), then the amount of the cheque is a debt owed to the Commonwealth by the person who obtained the benefit of the cheque.
Act reference: SS(Admin)Act section 123ZF Persons other than payee obtaining payment of a cheque, section 123YM Restricted direct payment-general, section 123YN Restricted direct payment-Part 3B payment nominee, section 123YO Unrestricted direct payment-general, section 123YP Unrestricted direct payment-Part 3B payment nominee
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Last reviewed: 12 November 2012
