Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 44

Non‑recovery of certain amounts

In force
Part 6Overpayments arising under this Act and certain administrative schemes
Division 5Other matters

44 Non‑recovery of certain amounts

If a record of an amount less than the amount referred to in section 1237AAA of the Social Security Act 1991 is entered into the records of the Human Services Department, the Secretary must waive the Commonwealth’s right to raise a debt in respect of the whole or a part of the amount if, were the Commonwealth to exercise that right, the resulting debt would be a debt to which this Part applies.

Note 1:

The amount referred to in section 1237AAA of the Social Security Act 1991 is indexed on each 1 July (see sections 1191 to 1194 of that Act). Immediately before 1 July 2026, the amount was $250.

Note 2:

See also section 43D (waiver of small debt).

Note 3:

A waiver under this section of the Commonwealth’s right to raise a debt in respect of an amount does not prevent the Secretary from considering whether any person may have engaged in fraud or serious non‑compliance in relation to the amount and taking further appropriate action.

Research tools for this sectionPro

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