Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_82
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 82
Character Range: 353601–355218

82  Methods of recovery

 (1) A debt owed by a person, other than an approved child care service, is recoverable by the Commonwealth by one or more of the following means:
 (a) deductions from instalments of family tax benefit to which the person is entitled;
 (b) setting off arrears of family assistance to which the person is entitled against the debt;
 (c) repayment by instalments under section 91;
 (d) if section 92 applies to another person who is entitled to be paid family tax benefit by instalment—deductions from that other person's instalments of family tax benefit;
 (e) if section 92A applies to another person who is entitled to arrears of family assistance—setting off the arrears against the debt;
 (f) the application of an income tax refund owed to the person;
 (g) if section 93 applies to another person to whom an income tax refund is owed—the application of that refund;
 (h) legal proceedings;
 (i) garnishee notice.
However, a debt owed in relation to child care benefit is not recoverable by means of the application of an income tax refund under paragraph (f) or (g).

 (2) A debt owed by an approved child care service is recoverable by the Commonwealth by one or more of the following means:
 (a) setting off the amount of the debt against one or more amounts of advances paid under section 219R;
 (b) legal proceedings;
 (c) garnishee notice.

 (3) In this section:

debt means:
 (a) a debt due to the Commonwealth under section 71, 71A, 71B, 71C, 71D, 71E, 71G, 71H, 73, 74, 76, 77, 78 or 80; or
 (b) a debt due to the Commonwealth for which a person is liable because of section 75.