STATE DEBT RECOVERY ACT 2018 - As at 1 August 2023 - Act 11 of 2018
- As at 1 August 2023 - Act 11 of 2018Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Definitions
- 4 Public authority--meaning
- 4A Payable--meaning
PART 2 - CHIEF COMMISSIONER AUTHORISED TO RECOVER STATE DEBTS
- 5 Chief Commissioner may take action to recover State debts
- 6 State debt--meaning
- 7 Referable debt--meaning
- 8 Tax debt--meaning
- 9 Grant debt--meaning
- 10 Summary of debt recovery procedures
- 11 Debt recovery action cannot be taken against minors
- 12 Debt recovery guidelines
PART 3 - REFERABLE DEBTS AND INITIATION OF DEBT RECOVERY
NoteDivision 1 - Debt notices
- 13 Responsible authority may serve debt notice for State debt
- 14 What is a debt notice
- 15 Revocation of debt notice
Division 2 - Referral of debt to Chief Commissioner
- 16 Referral of debt to Chief Commissioner
- 17 How referral is made
- 18 Information to be provided on referral
- 19 Revocation of referral
Division 3 - Administrative arrangements relating to referable debts
- 20 Debt recovery agreements
- 21 Functions of responsible authority are limited after referral
- 22 Interest ceases to accrue on referral
- 23 Chief Commissioner may exercise functions of responsible authority
Division 4 - Internal reviews
Note- 24 Responsible authority may conduct review
- 25 Debts for which internal review is available
- 26 Application for internal review
- 27 Circumstances in which review is to be conducted
- 28 Request for additional information
- 29 Mandatory suspension of debt recovery action for timely review application
- 30 Discretionary suspension of debt recovery action in other cases
- 31 Actions to be taken after review
- 32 Change of payment arrangements
- 33 Notice of outcome of application
- 34 Chief Commissioner exercising functions of responsible authority
PART 4 - DEBT RECOVERY ORDERS
NoteDivision 1 - Debt recovery orders
- 35 What is a debt recovery order
- 36 When order can be made--referable debts
- 37 When order can be made--tax debts and grant debts
Division 2 - Form and notice of debt recovery order
- 38 Content of debt recovery order
- 39 Service on debtor of notice of order
- 40 What notice must say
- 41 Final date for payment in notices
- 42 Extension of final date if notice takes more than 7 days
- 43 Amendment of debt recovery order
PART 5 - ELECTION TO HAVE MATTER DEALT WITH BY COURT--REFERABLE DEBTS
- 44 Election to have referable debt dealt with by court
- 45 Deadline for court election
- 46 Internal review to be conducted
- 47 Debt recovery order to be revoked
- 48 Chief Commissioner may obtain judgment for referable debt
- 49 Chief Commissioner entitled to costs if judgment for debt is obtained from a court
PART 6 - DEBT RECOVERY ACTIONS
Division 1 - General
- 50 When debt recovery action is authorised
- 51 Debt recovery action--meaning
- 52 More than one type of debt recovery action can be taken
- 53 Debt recovery guidelines
Division 2 - Principal debt recovery actions
- 54 Property seizure order
- 55 Garnishee order
- 56 Registration of debt recovery order as charge on land
Division 3 - Ancillary functions
- 57 Power to require information, records and attendance
- 58 Power of entry to execute property seizure order
- 59 Power of person executing order or warrant to demand name and address
PART 7 - TIME TO PAY AND HARDSHIP
Division 1 - Time to pay
- 60 Time to pay order
- 61 Amendment of time to pay order
- 62 Revocation of time to pay order
- 63 Time to pay order taken to be refused
Division 2 - Powers of Chief Commissioner in hardship cases
- 64 Power to revoke debt recovery order (referable debts)
- 65 Garnishee order refunds in case of hardship
- 66 Functions of Hardship Review Board not affected
Division 3 - Hardship Review Board
- 67 Hardship Review Board
- 68 Functions of Hardship Review Board
- 69 Applications for review
- 70 Review procedure
- 71 Suspension of debt recovery action
- 72 Powers of Hardship Review Board following review
- 73 Disclosure of information by Hardship Review Board
- 74 Refunds to be given if required by Board
PART 8 - SUSPENSION AND CANCELLATION OF DEBT RECOVERY ACTION
Division 1 - Preliminary
- 75 Review--meaning
Division 2 - Suspension of debt recovery action
- 76 Circumstances in which debt recovery action must be suspended
- 77 How debt recovery action is suspended
- 78 Circumstances in which debt recovery action may be resumed
- 79 How debt recovery action is resumed
Division 3 - Cancellation of debt recovery action
- 80 Power to revoke debt recovery order
- 81 Circumstances in which power may be exercised
- 82 Consequences of revocation
- 83 How Chief Commissioner cancels debt recovery action
- 84 Debt recovery action taken to be cancelled in certain circumstances
PART 9 - INTEREST AND DEBT RECOVERY COSTS
Division 1 - Interest
- 85 Interest may be charged
- 86 Interest forms part of State debt
Division 2 - Debt recovery costs
- 87 Debt recovery costs to be paid
- 88 Prescribed debt recovery costs
- 89 Sheriff's additional costs
- 90 Debt recovery costs form part of State debt
PART 10 - PAYMENT, ALLOCATION OF PAYMENTS AND REFUNDS
- 91 Disposition of money paid by or recovered from debtors
- 92 Payment of tax debts and grant debts
- 93 Payment of referable debts
- 94 Amounts recovered to be applied towards debt recovery costs first
- 95 Allocation of recovered amounts between State debts
- 96 Entitlement to refund
- 97 Payment of refunds
PART 11 - ADMINISTRATION
- 98 Chief Commissioner to administer debt recovery action
- 99 Use of name "State Debt Recovery"
- 100 Employees
- 101 Delegation
- 102 Personal liability
- 103 Registration of debt recovery orders
PART 12 - ACCESS TO AND DISCLOSURE OF INFORMATION
- 104 Disclosure of identifying information
- 105 Access to information held by police, NSW government agencies and State owned corporations
- 106 Access to information held by employers
- 107 Access to and use of information held by credit reporting bodies
- 108 Disclosure of information