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COMMONWEALTHAct
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s 98

Waiver of debt relating to an offence

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

98 Waiver of debt relating to an offence

(1)

If:

(a)

a debtor has been convicted of an offence that gave rise to a proportion of a debt; and

(b)

the court indicated in sentencing the debtor that it imposed a longer custodial sentence on the debtor because he or she was unable or unwilling to pay the debt;

the Secretary must waive the right to recover the proportion of the debt that arose in connection with the offence.

(2)

For the purposes of this section, a proportion of a debt may be 100% of the debt.

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