Document ID: chunk:federal_register_of_legislation:C2004A00814:clause:1_1230c
Version: federal_register_of_legislation:C2004A00814
Segment Type: clause
Provision Reference: sch 1 cl 1230C
Character Range: 24805–26258

1230C  Methods of recovery of debt

 (1) Subject to subsection (2), a debt due to the Commonwealth under this 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 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.