Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p19
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 45707–48414

been payable for that period if the debtor or the debtor's partner had lodged a claim;

SCHEDULE 3—continued

the Secretary must waive the right to recover the debt to the extent set out in subsection (5).

Waiver of amount equal to notional entitlement to parenting allowance

"(5) The Secretary must waive under subsection (4) the right to recover the amount of debt equal to the amount of parenting allowance that would have been payable to the debtor or the debtor's partner during so much of the overpayment period as was not earlier than 3 years before the day on which the overpayment is stopped if:

(a) the overpayments had not been made to the debtor; and

(b) the debtor or the debtor's partner had lodged a claim for the allowance.

Calculating the amount equal to notional entitlement to parenting allowance

"(6) For the purposes of working out the amount of parenting allowance that would have been payable to the debtor or the debtor's partner, the rate of parenting allowance for the debtor or the debtor's partner:

    (a) if the Secretary is satisfied that the rate would have been greater than the maximum basic component if parenting allowance had been claimed—is taken to have been that greater rate; or

    (b) in any other case—is taken not to have exceeded the maximum basic component of parenting allowance specified at the relevant time in point 1068A-B6.

Waiver in special circumstances

"1237AAD. The Secretary may waive the right to recover all or part of a debt if the Secretary is satisfied that:

    (a) the debt did not result wholly or partly from the debtor or another person knowingly:

(i) making a false statement or a false representation; or

(ii) failing or omitting to comply with a provision of this Act or the 1947 Act; and

    (b) there are special circumstances (other than financial hardship alone) that make it desirable to waive; and

    (c) it is more appropriate to waive than to write off the debt or part of the debt.

Note: Section 1236 allows the Secretary to write off a debt on behalf of the Commonwealth.".

3. After subsection 1240(3A):

Insert:

SCHEDULE 3—continued

"(3B) Despite subsection (3), an authorised review officer cannot review a decision of the Secretary on whether to exercise the Secretary's power under section 1285A.".

4. Subsection 1250(1):

Add at the end:

"; or (m) relating to the Secretary's power under section 1285A to settle proceedings before the AAT.".

5. After section 1285:

Insert in Division 1 of Part 6.4:

Secretary may settle proceedings before the AAT

"1285A.(1) The Secretary may agree with other parties to proceedings before the AAT that relate to recovering a debt to settle the proceedings. The