Interest charge—failure to comply with or termination of debt payment arrangement

In force

(1)

If:

(a)

a debt payment arrangement is in effect in relation to a person and a debt; and

(b)

the person fails to make a payment under the arrangement;

then the person is liable to pay, by way of penalty, interest charge, worked out under subsection (3), for each day in the period described in subsection (2).

Note:

For exemptions, see sections 178 and 179.

(2)

The period starts at the beginning of the day after the day (the due day) on which the payment was required to be made under the arrangement and ends at the end of the earliest of the following days:

(a)

the last day at the end of which any of the following remains unpaid:

(i)

the outstanding amount of the debt;

(ii)

interest charge on any of the outstanding amount of the debt;

(b)

the day before the first day, after the due day, on which the person has paid all the payments that have so far become due and payable under the arrangement;

(c)

the day before the day the arrangement is terminated under section 190.

(3)

The interest charge for a day in the period described in subsection (2) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a)

the outstanding amount of the debt;

(b)

the interest charge from previous days.

Note 1:

For interest charge rate see section 177.

Note 2:

The interest charge for a day is due and payable to the Commonwealth at the end of that day and is a debt due to the Commonwealth: see section 176.

Debt payment arrangement is terminated

(4)

If:

(a)

a debt payment arrangement is in effect in relation to a person and a debt; and

(b)

the arrangement is then terminated under section 190 on a day (the termination day);

then:

(c)

the following amounts (if any) are due and payable on the 14th day after the termination day:

(i)

the outstanding amount of the debt;

(ii)

interest charge on any of the outstanding amount of the debt; and

(d)

if, at the end of that 14th day, any of those amounts remains unpaid, the person is liable to pay, by way of penalty, interest charge, worked out under subsection (6), for each day in the period described in subsection (5).

Note:

For exemptions, see sections 178 and 179.

(5)

The period starts at the beginning of the day after that 14th day and ends at the end of the earlier of the following days:

(a)

the last day at the end of which any of the following remains unpaid:

(i)

the outstanding amount of the debt;

(ii)

interest charge on any of the outstanding amount of the debt;

(b)

the day before the first day, after that 14th day, on which the person makes a payment under another debt payment arrangement in relation to the debt.

(6)

The interest charge for a day in the period described in subsection (5) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a)

the outstanding amount of the debt;

(b)

the interest charge from previous days.

Note 1:

For interest charge rate see section 177.

Note 2:

The interest charge for a day is due and payable to the Commonwealth at the end of that day and is a debt due to the Commonwealth: see section 176.

This Act’s bill:Explanatory memorandum Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

175 Interest charge—failure to comply with or termination of debt payment arrangement