Document ID: chunk:federal_register_of_legislation:C2025C00163:section:42:p2
Version: federal_register_of_legislation:C2025C00163
Segment Type: section
Provision Reference: s 42 (pt 2/2)
Character Range: 153692–155954

any other person concerned.
 (9) If the whole or a part of the debt stops being due to the Commonwealth otherwise than because of a payment made by the third party, the following provisions have effect:
 (a) the Secretary must notify the third party of the amount that has stopped being due;
 (b) if paragraph (3)(a) applies to the notice—the amount specified in the notice is to be taken to be reduced, or further reduced, as the case requires, by the amount that has stopped being due;
 (c) if paragraph (3)(b) applies to the notice—the reference in that paragraph to the total of the amounts paid to the Commonwealth under the notice is to be taken to be a reference to that total as increased, or further increased, as the case requires, by the amount that has stopped being due.
 (10) If the third party, without reasonable excuse, contravenes the notice, an amount equal to:
 (a) so much (if any) of the amount required by the notice to be paid by the third party as the third party was able to pay to the Commonwealth but did not pay; or
 (b) so much of the debt as remains due to the Commonwealth from time to time;
whichever is the lesser, is a debt due by the third party to the Commonwealth.
 (11) If:
 (a) the third party is indebted to the Commonwealth under subsection (10); and
 (b) the Commonwealth recovers the whole or a part of the third party's debt;
the debtor's liability to the Commonwealth in relation to the debt referred to in paragraph (2)(a) is reduced or further reduced, as the case requires, by the amount recovered from the third party.
 (12) If, apart from this section, money is not due or payable on demand by the third party unless a condition is fulfilled, the money is to be taken, for the purposes of this section, to be due or payable on demand, whether or not the condition has been fulfilled.
 (13) If a person has unsatisfied liabilities to the Commonwealth in relation to more than one debt, the Secretary may:
 (a) for the purposes of this section, treat the debts as a single debt; but
 (b) apportion any amount recovered under this section in relation to the debts in such proportion as the Secretary considers appropriate.
 (14) An apportionment made by the Secretary under subsection (13) must be made in writing.