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COMMONWEALTHAct
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s 43C

Waiver of debt relating to an offence

In force
Part 6Overpayments arising under this Act and certain administrative schemes
Division 3Non‑recovery of debts

43C 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.

(2)

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

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