Enforcement action
51 Enforcement action
Subject to subsection (3), the Chief Recovery Officer may exercise a power under Division 5 in relation to a debtor who has been notified of a civil debt determination if—
the debtor is taken under subsection (2) to have admitted liability for the debt; or
the determination has been confirmed or varied by the Court on an application under section 50.
A debtor will be taken to have admitted liability for a debt to which a civil debt determination relates if—
the debtor has not—
within
28 days of receiving notice of the determination—entered into an arrangement under section 57;
or
within the time allowed under section 50 after receiving notice of the determination—made application to the Court for the determination to be varied or revoked; or
an arrangement entered into with the Chief Recovery Officer under section 57 has terminated.
The
Chief Recovery Officer—
must, before exercising a power under Division 5
Subdivision 2—
make a determination that the power is to be exercised; and
give the debtor written notice of the determination (an enforcement notice);
and
may not exercise the power if the determination is revoked under this
Division.
An enforcement notice must include advice to the debtor of the debtors' right to request internal review of the determination under section 52
This Act’s bill:Second reading speech
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