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COMMONWEALTHAct
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s 91

Power to waive Commonwealth’s right to recover debt

In force
Part 5Administration
Division 5Non‑recovery of debts

91 Power to waive Commonwealth’s right to recover debt

(1)

On behalf of the Commonwealth, the Secretary may waive the Commonwealth’s right to recover the whole or a part of a debt from a debtor only in the circumstances described in section 92, 93, 94 or 95.

(2)

A waiver takes effect:

(a)

on the day specified in the waiver (whether that day is before, on or after the day the decision to waive is made); or

(b)

if the waiver does not specify when it takes effect—on the day the decision to waive is made.

Note:

If the Secretary waives the Commonwealth’s right to recover all or part of a debt, this is a permanent bar to recovery of the debt or part of the debt and the debt or part of the debt effectively ceases to exist.

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