State Debt Recovery Regulation 2018 (NSW)

State Debt Recovery Regulation 2018

[2018-584]

Status information

Currency of version
Current version for 6 December 2019 to date (accessed 29 March 2020 at 10:15)
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical Notes

Editorial note
The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.

This version has been updated.

Staged repeal status
This legislation is currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2024

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 6 December 2019.

State Debt Recovery Regulation 2018

[2018-584]

Contents

State Debt Recovery Regulation 2018

Part 1 Preliminary

1   Name of Regulation

This Regulation is the State Debt Recovery Regulation 2018.

2   Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

3   Definitions

(1)  In this Regulation—

the Act means the State Debt Recovery Act 2018.

Note.

 The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)  Notes included in this Regulation do not form part of this Regulation.

Part 2 Debt recovery costs

4   Debt recovery costs

(1) For the purposes of section 88 of the Act, the costs payable under a debt recovery order are as follows—

(a)  $65, payable to the Chief Commissioner on the making of the order,

(b)  $65, payable into the Consolidated Fund if any debt recovery action is taken by the Sheriff, Chief Commissioner or other official under Division 2 of Part 6 of the Act before payment is made under the order.

(2)  The debt recovery costs referred to in subclause (1)(b)—

(a)  apply to each of the following kinds of debt recovery action—

(i) the making of a property seizure order against a debtor, as referred to in section 54(1) of the Act,

(ii) the making of a garnishee order against a debtor, as referred to in section 55(1) of the Act,

(iii) an application to register a debt recovery order as a charge on land held by a debtor, as referred to in section 56(1) of the Act, and

(b)  are to be paid to the Chief Commissioner for payment into the Consolidated Fund.

5   Waiver, postponement or refund of costs

The Chief Commissioner may, in any circumstances that the Chief Commissioner considers appropriate, waive, postpone or refund all or part of any debt recovery costs payable under this Part.

Part 3 Miscellaneous

6   Declaration of Water NSW as a public authority

For the purposes of section 4(2)(d) of the Act, Water NSW is declared a public authority.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

State Debt Recovery Regulation 2018 (584). LW 12.10.2018. Date of commencement, on publication on LW, cl 2. This Regulation has been amended as follows—

2019 (590) State Debt Recovery Amendment (Water NSW) Regulation 2019. LW 6.12.2019.
Date of commencement, on publication on LW, cl 2.

Table of amendments

Part 3 (cl 6) Ins 2019 (590), cl 3.