Commonwealth Numbered Acts

PUBLIC GOVERNANCE, PERFORMANCE AND ACCOUNTABILITY ACT 2013 (NO. 123, 2013) - SECT 64

             (1)  If:

                     (a)  an amount (the first amount ) is owing to the Commonwealth by a person; and

                     (b)  an amount (the second amount ) is owing by the Commonwealth to the person;

the Finance Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.

             (2)  Paragraph (1)(b) does not apply in relation to a payment if:

                     (a)  a law of the Commonwealth provides that the payment is inalienable or absolutely inalienable; or

                     (b)  a law of the Commonwealth provides that the payment, or the right to the payment, cannot be assigned.

             (3)  To avoid doubt, an amount may be owing to, or by, the Commonwealth even if it is not yet due for payment.