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Contents (2018 - 11)
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State Debt Recovery Act 2018 No 11
Current version for 28 August 2018 to date (accessed 22 February 2019 at 17:21)
Part 3 Division 2
Division 2 Referral of debt to Chief Commissioner
16   Referral of debt to Chief Commissioner
(1)  A responsible authority for a referable debt may refer the referable debt to the Chief Commissioner for the making of a debt recovery order if:
(a)  the responsible authority has served a debt notice for the referable debt on the person by whom the referable debt is payable, and
(b)  the referable debt has not been paid at the end of 7 days after the date for payment specified in the debt notice, and
(c)  the referable debt remains unpaid.
(2)  A responsible authority for a referable debt may also refer the referable debt to the Chief Commissioner for the making of a debt recovery order if:
(a)  the responsible authority receives an application for time to pay in relation to the referable debt, and
(b)  the debt recovery agreement between the Chief Commissioner and the responsible authority permits the responsible authority to refer time to pay matters to the Chief Commissioner.
(3)  A responsible authority is not to refer a referable debt to the Chief Commissioner if the responsible authority is conducting an internal review of the referable debt and the review is not complete.
17   How referral is made
(1)  A referral is to be made by a referring officer acting on behalf of the responsible authority.
(2)  The referring officer may refer a referable debt to the Chief Commissioner for the making of a debt recovery order by giving the Chief Commissioner notice in writing of the referral.
(3)  The referral is to be made in accordance with any debt recovery agreement relating to the referable debt.
(4)  Subject to subsection (2), the referral may be made by post, document exchange, facsimile transmission or other electronic transmission.
18   Information to be provided on referral
(1)  A referring officer must, for the purpose of enabling the taking of debt recovery action under this Act, provide the following information to the Chief Commissioner in relation to any referable debt that is referred to the Chief Commissioner:
(a)  identifying information about the person by whom the debt is payable,
(b)  particulars of the debt, including any particulars required to be provided under a debt recovery agreement,
(c)  whether an internal review has been conducted in relation to the referable debt,
(d)  any other information the referring officer is required to provide under any other Act or law,
(e)  any other information of a kind prescribed by the regulations.
(2)  A requirement to provide identifying information is a requirement to provide so much of that identifying information as is known to the referring officer.
19   Revocation of referral
(1)  A referring officer may at any time, by notice in writing to the Chief Commissioner, revoke the referral of a referable debt.
(2)  The Chief Commissioner is not to make a debt recovery order in relation to a referable debt if, before an order is made, the referring officer revokes the referral.
Note.
 The Chief Commissioner must revoke a debt recovery order made in relation to a referable debt if the referral is revoked.