State Debt Recovery Regulation 2024 (NSW)

Part 1Preliminary1Name of regulation

This regulation is the State Debt Recovery Regulation 2024.

2Commencement

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

Note—

This regulation repeals and replaces the State Debt Recovery Regulation 2018, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

3Definition

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.

Part 2Debt recovery costs4Debt recovery costs(1)

For the Act, section 88(2)(a), the debt recovery cost payable under a debt recovery order on the making of the order is $65.

(2)

For the Act, section 88(2)(b), the debt recovery cost payable under a debt recovery order for the following actions taken by the Chief Commissioner is $65—

• (a)

  the making of a property seizure order against a debtor under the Act, section 54(1),

• (b)

  the making of a garnishee order against a debtor under the Act, section 55(1),

• (c)

  an application to register a debt recovery order as a charge on land held by a debtor under the Act, section 56(1).

(3)

A debt recovery cost referred to in subsection (2) must be paid to the Chief Commissioner for payment into the Consolidated Fund.

5Waiver, postponement or refund of costs

For the Act, section 117(3), the Chief Commissioner may waive, postpone or refund all or part of debt recovery costs payable under this part in the circumstances the Chief Commissioner considers appropriate.

Part 3Miscellaneous6Public authority

For the Act, section 4(2)(d), the following are declared to be public authorities—

• (a)

  Essential Energy,

• (b)

  Water NSW.

7Repeal and saving(1)

The State Debt Recovery Regulation 2018 is repealed.

(2)

An act, matter or thing that, immediately before the repeal of the State Debt Recovery Regulation 2018, had effect under that regulation continues to have effect under this regulation.

Historical notesTable of amending instruments

State Debt Recovery Regulation 2024 (198). LW 7.6.2024. Date of commencement, on publication on LW, sec 2.