State Debt Recovery Act 2018 (NSW)

State Debt Recovery Act 2018 No 11

An Act to make provision for the recovery of State debts; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the State Debt Recovery Act 2018.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— authorised officer means a person employed in the Public Service to assist the Chief Commissioner in the exercise of functions under this Act who is authorised to exercise the function in relation to which the expression is used. Chief Commissioner means the Chief Commissioner of State Revenue under the Taxation Administration Act 1996. debt notice means— (a) in relation to a tax debt—a debt notice under the Taxation Administration Act 1996, or (b) in relation to a grant debt—a debt notice under the First Home Owner Grant and Shared Equity Act 2000 or the repealed Small Business Grants (Employment Incentive) Act 2015, or (c) in relation to a referable debt—a debt notice within the meaning of section 14. debt recovery action—see section 51. debt recovery agreement—see section 20. debt recovery costs means the debt recovery costs payable under a debt recovery order, being— (a) the prescribed debt recovery costs, and (b) the Sheriff's additional costs (if any).

Note. See Part 9. debt recovery guidelines—see section 12. debt recovery order means an order under section 35. debtor means a person who— (a) is liable to pay a tax debt, a grant debt or a referable debt under a debt notice, or (b) is or may be liable to pay a State debt. garnishee order means an order under section 55. grant debt—see section 9. hardship review—see section 68. Hardship Review Board means the Hardship Review Board constituted under Part 7. identifying information—see section 104. internal review means a review under Division 4 of Part 3. pay a debt or amount means to pay the debt or amount in full by its due date and, if payment by instalments is permitted under this Act, includes to pay each instalment in full by its due date. personal information means personal information under the Privacy and Personal Information Protection Act 1998 or personal information that is health information under the Health Records and Information Privacy Act 2002. prescribed debt recovery costs means the debt recovery costs prescribed under section 88. property seizure order means an order under section 54. public authority—see section 4. referable debt—see section 7. referral date in relation to a referable debt means the date on which the referable debt is referred by the responsible authority to the Chief Commissioner for the making of a debt recovery order under this Act. referring officer means— (a) in relation to a referable debt referred to in Schedule 1, the person specified in Column 2 of that Schedule opposite the referable debt concerned or a delegate of that person, or (b) in relation to any other referable debt, any person authorised under a debt recovery agreement relating to the referable debt to exercise the functions of a referring officer under this Act. responsible authority for a referable debt means the public authority to which the referable debt is payable. Sheriff's additional costs means the costs payable in respect of the Sheriff under section 89. State debt—see section 6. statutory internal review means any review or other procedure that is declared by another Act to be a statutory internal review for the purposes of this Act. tax debt—see section 8. the State means the Crown within the meaning of the Crown Proceedings Act 1988 and includes the Chief Commissioner. time to pay order means an order under section 60. unpaid debt includes a debt that has not been paid in full. vulnerable person means a person who has a mental illness, has an intellectual disability or cognitive impairment, is homeless, is experiencing acute economic hardship or has a serious addiction to drugs, alcohol or volatile substances.