Section 105 — Social Security Act 1991: Application and saving provisions: debts due to the Commonwealth and their recovery

(1) For the avoidance of doubt, and without affecting the operation of section 8 of the Acts Interpretation Act 1901, Part 2 of Schedule 18 to the amending Act does not: (a) affect the operation of Part 5.2 or 5.3 of this Act before 1 October 1997; or (b) extinguish the amount of any debt due to the Commonwealth arising before 1 October 1997 that was outstanding at the start of that day; or (c) prevent the recovery, on or after 1 October 1997, of any such outstanding amount. (2) Sections 1230C and 1236 of this Act, as amended by the amending Act, apply in relation to: (a) debts arising on or after 1 October 1997; and (b) the amounts of debts arising before that day that were outstanding at the start of that day. (3) Section 1237A of this Act, as amended by the amending Act, applies in relation to debts arising before, on or after 1 October 1997. (4) Despite section 8 of the Acts Interpretation Act 1901, if a legal proceeding or an application for review of a decision: (a) relates to, or otherwise involves, a provision of Part 5.2, 5.3 or 5.4 of this Act; and (b) is not finally determined before 1 October 1997; the proceeding or application must, if continued, be determined as if it had been instituted on that day, and this Act, as amended by Schedule 18 to the amending Act, applies to the proceeding or application accordingly. (5) In this clause: amending Act means the Social Security Legislation Amendment (Budget and Other Measures) Act 1996.