New South Wales Consolidated Acts

GOVERNMENT SECTOR FINANCE ACT 2018 - SECT 9.18

9.18 Recovery and writing off of debt

(1) A debt incurred by a person handling government resources under this Division is recoverable by the Treasurer in a court of competent jurisdiction, but only if the proceedings are commenced with the concurrence of the Attorney General.

(2) However, the Treasurer cannot recover amounts from the same person for debts incurred under more than one section of this Division for the same loss.

(3) The debt remains recoverable even if the person who incurs it ceases to be a person handling government resources.

(4) The Treasurer may waive (whether wholly or partly) a debt incurred by a person handling government resources under this Division.

(5) A waived debt ceases to be recoverable, but only to the extent to which it is waived.

(6) The Treasurer may delegate a function of the Treasurer under this section only to--

(a) another Minister, or

(b) the Secretary of a Department, or

(c) any other accountable authority for a GSF agency.

(7) The Attorney General may delegate the function of giving concurrence under subsection (1) only to--

(a) the Solicitor General, or

(b) the Secretary of the Department of Justice.

(8) This Division does not limit any rights of recovery available to the Crown or a GSF agency apart from this Division. However, the Crown or GSF agency cannot recover from the same person handling government resources both under this Division and apart from this Division for the same loss.