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 149
Legal proceedings
(1) If, under section 144, a debt is recoverable by the Commonwealth by means
of legal proceedings, the debt is recoverable by the Commonwealth in a court
of competent jurisdiction.
(2) Subject to subsections (3), (4), (5) and (6), legal proceedings for the
recovery of the debt are not to be commenced after the end of the period of 6
years starting on the day on which the debt arose.
(3) If the debt arose under section 135, legal proceedings for the recovery of
the debt may be commenced at any time within the period of 6 years starting on
the first day on which an * officer becomes aware, or could reasonably be
expected to have become aware, of the circumstances giving rise to the debt.
Note: The time limit in subsection (3) also applies to legal proceedings for
recovery against a person who is liable because of section 137 for a debt that
arises under section 135.
(4) If:
legal
proceedings for the recovery of the balance of the debt may be
commenced within the period of 6 years starting on the day of payment.
(5) If:
(a) subsection (2) or (3) applies so that legal proceedings for the
recovery of a debt must be commenced within a particular period; and
(b) within that period, the person who owes the amount acknowledges that
he or she owes it;
legal proceedings for the recovery of the debt may
be commenced within the period of 6 years starting on the day of
acknowledgment.
(6) If:
(a) subsection (2) or (3) applies so that action under this section
for the recovery of a debt must be commenced within a particular period; and
(b) within that period:
action under this section for the
recovery of the debt may be commenced within the period of 6 years
after the end of the activity or action referred to in paragraph (b).
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback