LOCAL GOVERNMENT ACT 1993 - SECT 695A Referral of unpaid amounts for debt recovery action

LOCAL GOVERNMENT ACT 1993 - SECT 695A

695A Referral of unpaid amounts for debt recovery action

(1) Despite anything to the contrary in this Act, a council cannot exercise the following functions in respect of an unpaid rate, charge, fee or other amount (an
"unpaid amount" ), if the unpaid amount is referred to the Chief Commissioner of State Revenue for debt recovery action in accordance with the State Debt Recovery Act 2018 --

(a) take proceedings to recover the unpaid amount,

(b) accept an amount or a transfer of land in or towards payment of the unpaid amount,

(c) enter into any agreement with a ratepayer regarding payment of the unpaid amount,

(d) write off, waive payment of or reduce the unpaid amount or any accrued interest,

(e) serve on an occupier of land a notice under section 569 in respect of the unpaid amount.

(2) Subsection (1) applies on and from the referral date (within the meaning of the State Debt Recovery Act 2018 ).

(3) Subsection (1) does not affect the validity of anything done by the council before the referral date.

(4) Subsection (1) ceases to apply if the council revokes the referral of the unpaid amount to the Chief Commissioner of State Revenue under the State Debt Recovery Act 2018 .

(5) This section is subject to the provisions of any debt recovery agreement (within the meaning of the State Debt Recovery Act 2018 ) between the council and the Chief Commissioner of State Revenue.

Note : Under the State Debt Recovery Act 2018 the Chief Commissioner of State Revenue assumes responsibility for the recovery of the debt and can take debt recovery action as authorised under that Act. Applications for time to pay, and hardship applications, can be made under that Act.