Australia PGPA Finance Minister Delegations to Accountable Authorities and the Finance Secretary
Debt directions: waivers, postponement, instalments and deferral (section 63 of the Act) – Australia PGPA Finance Minister Delegations to Accountable Authorities and the Finance Secretary

Australia PGPA Finance Minister Delegations to Accountable Authorities and the Finance Secretary NCE-S1-P9-scope: Instalments and deferral, scope and hardship: start from the principle that amounts owed are paid in full when due, use the power only to defer payment or allow instalments, and in claimed hardship require evidence and keep the Commonwealth level with equal-ranking creditors

What does NCE-S1-P9-scope require?

Non-Finance accountable authorities (and CSC for its Commonwealth administrative function), and the Finance Secretary under the parallel directions 6.1 to 6.3, must begin from the rule that money owed to the Commonwealth is to be paid in full immediately on falling due unless a law or contract says otherwise. Only where full immediate payment is impossible or unreasonable, and the debtor has no statutory right to do otherwise, may they agree to deferral or instalments, and the power covers only those two changes. Where hardship is claimed, the debtor must produce evidence (such as a statutory declaration) sufficient to show that requiring payment other than by instalments or later would be unreasonable, and the arrangement must not rank the Commonwealth behind other creditors of the same standing.

Maintained by Gerard Blokdyk

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