Commonwealth Consolidated Acts

STUDENT ASSISTANCE ACT 1973 - SECT 43

Writing off debt

  (1)   The Secretary may, on behalf of the Commonwealth, write off a debt.

Class of debts

  (2)   For the purposes of subsection   (1), the Secretary may write off debts that are included in a class of debts determined by the Minister by notice published in the Gazette .

When decision takes effect

  (3)   A decision made under subsection   (1) takes effect:

  (a)   if a day is stated in the decision as the day on which the decision takes effect--on the day so stated (whether that day is before, on or after the day on which the decision is made); or

  (b)   if a day is not so stated in the decision--on the day on which the decision is made.

Note:   If the Secretary writes off a debt, this means an administrative decision has been made that, in the present circumstances, there is no point in trying to recover the debt. In law, however, this debt still exists and may later be pursued.