Section 1237 — Social Security Act 1991: Power to waive Commonwealth’s right to recover debt

Secretary’s limited power to waive (1) On behalf of the Commonwealth, the Secretary may waive the Commonwealth’s right to recover the whole or a part of a debt from a debtor only in the circumstances described in section 1237A, 1237AA, 1237AAA, 1237AAB, 1237AAC, 1237AAD or 1237AB and, if the debt is an assurance of support debt, subject to section 1237AAE. When waiver takes effect (2) A waiver takes effect: (a) on the day specified in the waiver (whether that day is before, after or on the day on which the decision to waive is made); or (b) if the waiver does not specify when it takes effect—on the day on which the decision to waive is made. Note: If the Secretary waives the Commonwealth’s right to recover all or part of a debt, this is a permanent bar to recovery of the debt or part of the debt—the debt or part of the debt effectively ceases to exist.