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COMMONWEALTHAct
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s 82

Methods of recovery

In force
Volume 1Parts 1 to 5 (sections 1 to 152D)
Part 4Overpayments and debt recovery
Division 3Methods of recovery

82 Methods of recovery

(1)

A debt owed by a person 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 family assistance to which the person is entitled against the debt;

(c)

setting off against one or more child care service payments that are to be made to the person;

(d)

repayment by instalments under an arrangement entered into under section 91;

(e)

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;

(f)

if section 92A applies to another person who is entitled to family assistance—setting off (otherwise than as mentioned in paragraph (b)) the family assistance against the debt;

(g)

the application of an income tax refund owed to the person;

(h)

if section 93 applies to another person to whom an income tax refund is owed—the application of that refund;

(i)

legal proceedings;

(j)

garnishee notice.

Note:

For child care service payment see subsection 3(1).

(3)

In this section:

debt means:

(a)

a debt due to the Commonwealth under section 71, 71A, 71B, 71C, 71D, 71DA, 71E, 71F, 71G, 71H, 71I, 71J, 71K, 71L, 71M, 73, 74, 76, 77, 78B or 80; or

(b)

a debt due to the Commonwealth for which a person is liable because of section 75.

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