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STATE DEBT RECOVERY ACT 2018 - NOTES

- As at 2 December 2024 - Act 11 of 2018

Note to Part 3

This Part applies only to referable debts. It sets out the steps that are preliminary to the making of a debt recovery order under Part 4. This includes provisions which require the responsible authority for the referable debt to serve on a debtor a debt notice for the referable debt before referring it to the Chief Commissioner for debt recovery action. For tax debts and grant debts, debt notices are issued by the Chief Commissioner under the legislation under which those debts are incurred.

Note to Division 4

For grant debts, an objection and review procedure is available under the Act under which that debt is incurred.
For tax debts, an objection and review procedure is available under Part 10 of the Taxation Administration Act 1996.

Note to Part 4

A debt recovery order is the pre-cursor to the taking of debt recovery action under Part 6.

Note--

Amending provisions are subject to automatic repeal pursuant to sec 30C of the Interpretation Act 1987 No 15 once the amendments have taken effect.

Historical notes

Table of amending instruments

State Debt Recovery Act 2018 No 11. Assented to 21.3.2018. Date of commencement, except Sch 3.3, 3.12 [1] [3]-[5] and [7], 3.13 [1] [3]-[5] and [7] and 3.14 [5], 27.8.2018, sec 2 and 2018 (462) LW 24.8.2018; date of commencement of Sch 3.3, 3.12 [1] [3]-[5] and [7], 3.13 [1] [3]-[5] and [7] and 3.14 [5]: not in force. This Act has been amended as follows--

2022 No 16 State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022. Assented to 19.5.2022.
Date of commencement of Sch 7, assent, sec 2(c).
2023 No 7 Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023.
Date of commencement, 14.7.2023, sec 2.
No 18 Revenue, Fines and Other Legislation Amendment Act 2023. Assented to 4.9.2023.
Date of commencement, assent, sec 2.
2024 No 90 Revenue Legislation Further Amendment Act 2024. Assented to 2.12.2024.
Date of commencement, assent, sec 2.
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments

Sec 3 Am 2024 No 90, Sch 7[1].
Sec 4 Am 2022 No 16, Sch 7[1].
Sec 4A Ins 2022 No 16, Sch 7[2].
Sec 7 Am 2022 No 16, Sch 7[3]; 2024 No 90, Sch 7[2].
Sec 9 Am 2024 No 90, Sch 7[3] [4].
Sec 11 Am 2023 No 7, Sch 3.26.
Sec 16 Am 2024 No 90, Sch 7[5].
Sec 19 Am 2024 No 90, Sch 7[6]-[8].
Sec 20 Am 2022 No 16, Sch 7[4].
Sec 38 Am 2024 No 90, Sch 7[9].
Sec 67 Am 2024 No 90, Sch 7[10] [11].
Sec 81 Am 2024 No 90, Sch 7[12].
Sec 95 Am 2024 No 90, Sch 7[13] [14].
Sec 105 Am 2022 No 16, Sch 7[5].
Sec 106 Am 2022 No 16, Sch 7[6].
Sec 107 Am 2022 No 16, Sch 7[7] [8].
Sec 115 Am 2022 No 16, Sch 7[9]-[12].
Sec 118 Ins 2023 No 18, Sch 8.
Sch 3 Am 1987 No 15, sec 30C; 2024 No 90, Sch 7[15]-[17].


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