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CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 157
Waiver of debt arising from error
(1) Subject to subsection (2), the Secretary must waive the right to recover
the proportion of a debt that is attributable solely to an administrative
error made by the Commonwealth if the debtor * received in good faith the
payment or payments that gave rise to that proportion of the debt.
Note:
Subsection (1) does not allow waiver of a part of a debt that was caused
partly by administrative error and partly by one or more other factors (such
as error by the debtor).
(2) Subsection (1) only applies if:
(a) the debt is not raised within a
period of 6 weeks from the first payment that caused the debt; or
(b) if the debt arose because a person has complied with a notification
obligation, the debt is not raised within a period of 6 weeks from the
end of the notification period;
whichever is the later.
(3) If:
(a) a debt arose because the debtor or the debtor's partner
underestimated the value of particular property of the debtor or partner; and
(b) the estimate was made in good faith; and
(c) the value of the property was not able to be easily determined when
the estimate was made;
the Secretary must waive the right to recover
the proportion of the debt attributable to the underestimate.
(4) For the purposes of this section, a proportion of a debt may be 100% of
the debt.
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