Document ID: chunk:federal_register_of_legislation:C2004A00814:clause:4_205aac
Version: federal_register_of_legislation:C2004A00814
Segment Type: clause
Provision Reference: sch 4 cl 205AAC
Character Range: 60552–62207

205AAC  Determination that interest not to be payable

 (1) The Commission may determine that interest is not payable, or is not payable in respect of a particular period, by a person on the outstanding amount of a recoverable amount.

 (1A) The Commission may make a determination under this section in circumstances that include (but are not limited to) the Commission being satisfied that the person has a reasonable excuse for:
 (a) failing to enter into an arrangement to pay the outstanding amount; or
 (b) having entered an arrangement, failing to make a payment in accordance with that arrangement.

 (2) The determination may relate to a period before, or to a period that includes a period before, the making of a determination.

 (3) The determination may be expressed to be subject to the person complying with one or more specified conditions.

 (4) If the person has been notified under subsection 205AAB(2) or (3) that he or she will be required to pay interest under that subsection, the Commission must give written notice of the determination to the person as soon as practicable after the determination is made.

 (5) Contravention of subsection (4) does not invalidate a determination.

 (6) If:
 (a) the determination is expressed to be subject to the person complying with one or more specified conditions; and
 (b) the person contravenes a condition or conditions without reasonable excuse;
the determination ceases to have effect from and including the day on which the contravention or the earliest of the contraventions occurred.

 (7) The Commission may cancel or vary the determination by written notice given to the person.