Document ID: chunk:federal_register_of_legislation:C2012A00025:clause:4_35
Version: federal_register_of_legislation:C2012A00025
Segment Type: clause
Provision Reference: sch 4 cl 35
Character Range: 11998–13235

35  Set off
 (1) If:
 (a) an amount (the first amount) is owing to the Commonwealth by a person; and
 (b) an amount (the second amount) is owing by the Commonwealth to the person;
the Finance Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.

Exceptions
 (2) Paragraph (1)(b) does not apply in relation to a payment if:
 (a) a law of the Commonwealth provides that the payment is absolutely inalienable; or
 (b) a law of the Commonwealth provides that the payment is inalienable; or
 (c) a law of the Commonwealth provides that the right to the payment cannot be assigned; or
 (d) a law of the Commonwealth provides that the payment cannot be assigned.

Definitions
 (3) In this section:
amount owing by the Commonwealth includes an amount that is owing but not yet due for payment.
amount owing to the Commonwealth includes an amount that is owing but not yet due for payment.
Note: See also subparagraph 65(2)(a)(iaa) (which allows regulations to be made about the Finance Minister considering a report from specified persons before setting off under this section, in a case where the amount of the set‑off is more than a specified amount).