Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 1230C

Methods of recovery of debt

             (1)  Subject to subsection (2), a debt due to the Commonwealth under this Act or Part 3B or 3D of the Administration Act is recoverable by the Commonwealth by means of one or more of the following methods:

                     (a)  if the person who owes the debt is receiving a social security payment--deductions from that person's social security payment;

                     (b)  if, in respect of the debt, section 1234A applies to another person who is receiving a social security payment--deductions from that other person's social security payment;

                     (c)  repayment by instalments under an arrangement entered into under section 1234;

                     (d)  legal proceedings;

                     (e)  garnishee notice.

             (2)  Subject to subsection (3), a debt due to the Commonwealth under this Act or Part 3B or 3D of the Administration Act is recoverable by means of a method mentioned in paragraph (1)(d) or (e) only if the Commonwealth:

                     (a)  has first sought to recover the debt by means of a method mentioned in paragraph (1)(a), (b) or (c); and

                     (b)  can establish that the person who owes the debt:

                              (i)  has failed to enter into a reasonable arrangement to repay the debt; or

                             (ii)  after having entered into such an arrangement, has failed to make a particular payment in accordance with the arrangement.

             (3)  If the Secretary determines that the recovery of the debt by means of a method mentioned in paragraph (1)(a), (b) or (c) is not appropriate having regard to the circumstances of the case, paragraph (2)(a) does not apply in respect of the recovery of the debt.

             (4)  A debt due to the Commonwealth under section 1184G is recoverable by the Commonwealth by means of legal proceedings.

             (5)  This section does not prevent the recovery of an assurance of support debt by the enforcement at any time of a security given in connection with the relevant assurance of support. It does not matter:

                     (a)  whether or not the enforcement involves legal proceedings; or

                     (b)  whether the enforcement occurs before or after seeking to recover the debt by means of another method described in this section.

   



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