Commonwealth Numbered Acts

CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 139

(1) If:

(a) a person owes a debt to the Commonwealth under a provision of this Part; and

(b) either:

(i) the person owing the debt is an individual who is not ^* receiving a ^* child care payment; or

(ii) the person owing the debt is the operator of a ^* child care assistance service who is not receiving ^* group payments; and

(c) the Secretary has given the person a notice asking the person to pay the debt; and

(d) at the end of the period of 21 days after the notice is given, the person:

(i) has not entered into negotiations to pay the debt; or

(ii) has entered into negotiations to pay the debt, but has not entered into an agreement to pay the debt by reasonable instalments;

(e) the amount of the debt;

(f) that, unless the person, within 14 days after the notice is given:

(i) pays the whole of the debt; or

(ii) enters into an agreement to pay the debt by reasonable instalments;

interest may become payable on the debt;

(g) how any interest that becomes payable is to be calculated.

(2) Subject to subsection (3), if:

(a) the whole of the debt is not paid within 14 days after the person is given the notice; or

(b) the person does not enter into an agreement to pay the debt within the 14 day period;

Secretary may determine interest is not payable

(3) The Secretary may determine that interest is not payable on the debt if the Secretary is satisfied that the person intends to pay the debt as soon as is reasonably practicable having regard to the circumstances of the person.

Note: For general provisions about determinations under this subsection, see section 164.

(4) Interest is payable on the amount of the debt (excluding interest) as remains due from time to time:

(a) on and from the day after the 14 day period ends; and

(b) at the penalty interest rate.

Note: For penalty interest rate see section 141.

(5) If:

(a) interest is payable on the debt; and

(b) an amount is paid for the purpose of paying the debt and the interest;

(c) until the debt (excluding interest) is fully paid--in satisfaction of the amount of the debt that is due when the payment is made;

(d) after the debt (excluding interest) is fully paid--in satisfaction of the interest that had become payable on the debt before the debt was fully paid.

(6) If a person enters into an agreement to pay the debt by reasonable instalments, interest that would, apart from this subsection, become payable on the debt on and from the day on which the agreement is entered into is not payable.

Effect of compliance with garnishee notice

(7) If 2 or more payments are made in reduction of the debt in compliance with a garnishee notice under subsection 150(1), interest that would, apart from this subsection, become payable on the debt during the garnishee notice period is not payable.

Meaning of garnishee notice period

(8) In this section, garnishee notice period means the period that begins on the day the first payment is made in compliance with a garnishee notice and ends on the day the last payment is made in compliance with that notice (whether or not the debt is satisfied).

Interest payable is a debt due to the Commonwealth

(9) The interest that is payable on the debt is a debt due to the Commonwealth.