Fines Enforcement and Debt Recovery Act 2017

A public authority may notify the Chief Recovery Officer, in a form approved by the Chief Recovery Officer, of a debt owed to the authority by a person (the debtor).

A debt may be notified to the Chief Recovery Officer under subsection (1) despite any other Act or law relevant to recovery of the debt (and the existence of any such Act or law does not derogate from the operation of this Part in relation to recovery of the debt).

A notification under subsection (1)—

must not be given unless the public authority has provided the debtor with a written request for payment of, and given the debtor a reasonable opportunity to pay, the alleged debt; and

must include advice to the Chief Recovery Officer as to whether the debtor is under a legal disability and, if so, the name of a person representing, or acting on behalf of, the debtor.

If the Chief Recovery Officer receives a notification under subsection (1) and is satisfied that the requirements of subsection (2)(a) have been met, the Chief Recovery Officer—

may make a determination (a civil debt determination) that the debt is owed by the debtor to the public authority; and

must, if a civil debt determination is made, by notice in writing—

notify the debtor of the determination; and

inform the debtor of the Chief Recovery Officer's enforcement powers under

invite the debtor to contact the Chief Recovery Officer for the purpose of entering into an arrangement under section 57 for payment of the debt.

The

The

If the Chief Recovery Officer becomes aware that a debt to which a civil debt determination applies is subject to review by, or appeal to, a court or tribunal (other than under this Act), the Chief

If a court or tribunal makes a decision in relation to a debt that is the subject of a civil debt determination (other than under this

review the determination having regard to the decision; and

confirm, vary or revoke the determination; and

by notice in writing, inform the debtor of the outcome of the review.

If a civil debt determination is revoked—

no interest accrues on the debt in accordance with section 56 from the date of the revocation; and

any arrangements under section 57 are revoked from the date of the revocation; and

the

any instalments under an arrangement under section 57;

any interest, costs, fees or other amounts (being amounts in addition to the debt), that became payable under this Part before the date of the revocation but that remain unpaid at the date of the revocation; and

the

if, after the date of the revocation, costs are incurred in respect of the exercise of powers or functions under Division 5, those costs are not recoverable from the debtor under section 66B;

the

must notify the relevant public authority of the revocation and the reasons for the revocation; and

may recommend to the relevant public authority that the debt be written off.

If a civil debt determination is suspended—

no interest accrues on the debt in accordance with section 56 during the period of the suspension; and

any arrangements under section 57 are also suspended during the period of the suspension; and

the

if, during the period of the suspension, costs are incurred in respect of the exercise of powers or functions under Division 5, those costs are not recoverable from the debtor under section 66B;

the period of the suspension comes to an end when the Chief Recovery