Commonwealth Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 155
Secretary may write off debt
(1) Subject to subsection (2), the Secretary may, on behalf of the
Commonwealth, decide to write off a debt, for a stated period or otherwise.
(2) The Secretary may decide to write off a debt under subsection (1) if, and
only if:
(a) the debt is irrecoverable at law; or
(b) the debtor has no capacity to repay the debt; or
(c) the debtor's whereabouts are unknown after all reasonable efforts have
been made to locate the debtor; or
(d) the debt cannot be recovered by deductions under this Act or the
Social Security Act 1991 and it is not cost effective for the
Commonwealth to take action to recover the debt.
(3) For the purposes of paragraph (2)(a), a debt is taken to be irrecoverable
at law if, and only if:
(a) the debt cannot be recovered by means of
deductions under section 146 or 147, or legal proceedings under section 149,
or garnishee notice under section 150, because the relevant time limit for
recovery action under that section has elapsed; or
(b) there is no proof of the debt capable of sustaining legal proceedings
for its recovery; or
(c) the debtor is discharged from bankruptcy and the debt was incurred
before the discharge and was not incurred by fraud; or
(d) the debtor has died leaving no estate or insufficient funds in the
debtor's estate to repay the debt.
(4) For the purposes of paragraph (2)(b), if a debt is recoverable by means of
deductions under section 146 or 147, the person is taken to have a capacity to
repay the debt unless recovery by those means would cause the person severe
financial hardship.
(5) A decision made under subsection (1) takes effect:
(a) if no day is
specified in the decision--on the day on which the decision is made; or
(b) if a day is specified in the decision--on the day so specified
(whether that day is before, after or on the day on which the decision
is made).
(6) Nothing in this section prevents anything being done at any time to
recover a debt that has been written off under this section.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback