Public Governance, Performance and Accountability Rule 2014
The purpose of this section is to allow the Finance Minister to authorise a payment of an amount that is owed by the Commonwealth to a person who has died. It allows the Finance Minister to decide who to make the payment to, and to authorise the payment without needing probate or letters of administration.
This section is made for paragraph 103(f) of the Act.
If, at the time of a person ' s death (whether before or after this section commences), the Commonwealth owed an amount to the person, the Finance Minister may authorise payment of that amount to a person who the Finance Minister considers should receive the payment.
25(2)
The Finance Minister may authorise the payment without requiring: (a) production of probate of the will of the deceased person; or (b) letters of administration of the estate of the deceased person.
25(3)
In deciding who should receive the payment, the Finance Minister must consider the people who are entitled to the property of the deceased person under: (a) the deceased person ' s will; and (b) the law relating to the disposition of the property of deceased persons.
25(4)
After the payment is made, the Commonwealth has no further liability in relation to the amount that was owed.
25(5)
This section does not relieve the recipient from a liability to deal with the money in accordance with law.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
