Commonwealth Consolidated Acts

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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 183

Legal proceedings

             (1)  A debt under this Act is recoverable by the Agency by means of legal proceedings brought by the CEO on behalf of the Agency in a court of competent jurisdiction.

             (2)  Subject to subsections (3), (4) and (5), legal proceedings for the recovery of the debt are not to be commenced after the end of the period (the recovery period ) of 6 years starting on the first day an Agency officer becomes aware, or could reasonably be expected to have become aware, of the circumstances that gave rise to the debt.

             (3)  If, within the recovery period, part of the debt is paid, 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.

             (4)  If, within the recovery period, the person who owes the debt 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 acknowledgement.

             (5)  If, within the recovery period, any of the following activities occurs:

                     (a)  a review of a file relating to action for the recovery of the debt;

                     (b)  other internal Agency activity relating to action for the recovery of the debt;

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.



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