49A

This Part prevails over other Acts

Current

(1)

If—

(a)

a civil debt determination is in force in relation to a debt; and

(b)

the

Act under which the debt arises (the debt creating Act) makes provision for recovery of the debt, then, subject to subsection (3)—

(c)

this

Part applies to recovery of the debt; and

(d)

action for recovery of the debt may not be taken under the debt creating

Act; and

(e)

if there is an inconsistency between any applicable provisions of the debt creating Act and this Part, this Part prevails to the extent of the inconsistency.

(2)

For the purposes of this section, a civil debt determination will be taken to be in force during any period during which the determination is suspended.

(3)

Despite subsection (1)—

(a)

if a security is held by a public authority for the purposes of enforcing a debt in relation to which a civil debt determination has been made, the determination does not affect the operation of any law that applies in respect of the security; and

(b)

rights of appeal or review in respect of a debt arising under a debt creating Act are not affected by a civil debt determination.

This Act’s bill:Second reading speech

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