Paid Parental Leave Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 167 — Parental leave pay instalment debts—instalments paid by the Secretary
(1) This section applies if: (a) the Secretary pays an amount to, or in relation to, a person for a child by way of an instalment; and (b) the amount exceeds the amount that should have been paid to,…
Section 168 — PPL funding amount debts—amounts not paid as parental leave pay instalments
(1) This section applies if the total of amounts paid to a person (the first person) by way of PPL funding amounts in relation to instalments for another person for a child exceeds the total of…
Section 169 — Wrong person receives parental leave pay instalment or PPL funding amount
(1) This section applies if: (a) an instalment or a PPL funding amount (the PPL payment) is paid by the Secretary or an employer; and (b) a person (the wrong recipient) other than the person (the…
Section 170 — Joint and several liability for debts arising because of false and misleading statements
A person (the recipient) and another person are jointly and severally liable to pay a debt if: (a) the recipient is liable under this Division to repay an amount (the unauthorised amount) paid to, or…
Section 171 — Debts under the Data-matching Program (Assistance and Tax) Act 1990
An amount is recoverable by the Commonwealth if: (a) the amount has been paid to, or in relation to, a person by way of an instalment; and (b) the amount is a debt due to the Commonwealth under…
Section 172 — PPL funding amount debts—debts owing by employers to employees
(1) This section applies if: (a) a PPL funding amount is paid to an employer in relation to an instalment that is payable to a person; and (b) the instalment, or part of the instalment, is not paid…
Section 173 — Notices in respect of debt
(1) If a debt due to the Commonwealth under this Act (other than Chapter 3A) has not been wholly paid, the Secretary must give the debtor a notice stating the following: (a) the date the preparation…
Section 174 — Interest charge—no debt payment arrangement in effect
(1) If: (a) a notice is given to a person under subsection 173(1) in relation to a debt; and (b) an amount (the unpaid amount) of the debt remains unpaid at the end of the day (the due day) on which…
Section 175 — Interest charge—failure to comply with or termination of debt payment arrangement
(1) If: (a) a debt payment arrangement is in effect in relation to a person and a debt; and (b) the person fails to make a payment under the arrangement; then the person is liable to pay, by way of…
Section 176 — Other rules for interest charge
When interest charge is due and payable (1) The interest charge under section 174 or 175 for a day is due and payable to the Commonwealth at the end of that day. Interest charge is a debt (2) The…
Section 177 — What is the interest charge rate?
(1) The interest charge rate for a day is the rate worked out by adding 7 percentage points to the base interest rate for that day, and dividing that total by the number of days in the calendar year.…
Section 178 — Exemption from interest charge—general
A person is not liable to pay interest charge under section 174 or 175 if on the day before the start of the period in respect of which the person would otherwise have been liable to pay that charge:…
Section 179 — Exemption from interest charge—Secretary’s determination
(1) The Secretary may determine that interest charge is not payable, or is not payable in respect of a particular period, by a person on the outstanding amount of a debt. (2) The Secretary may make a…
Section 180 — Guidelines on interest charge provisions
The PPL rules may prescribe guidelines for the operation of the provisions of this Division dealing with interest charge.
Section 181 — Debts to which Division 5 applies
This Division applies to debts due to the Commonwealth under this Act. Note: See the following provisions: (a) Division 2 (which provides for the main debts recoverable under this Act); (b) sections…
Section 182 — How to recover debts
A debt is recoverable by the Commonwealth from a person by one or more of the following means: (a) legal proceedings (see section 183); (b) garnishee notice (see section 184); (c) debt payment…
Section 183 — Legal proceedings
A debt is recoverable by the Commonwealth in a court of competent jurisdiction.
Section 184 — Garnishee notices—general
Issue of garnishee notice (1) The Secretary may, by written notice (the garnishee notice) to any of the following people (the garnishee), require the garnishee to pay the Commonwealth the amount…
Section 185 — Garnishee notices—amounts paid in compliance
(1) A person who makes a payment to the Commonwealth in compliance with a garnishee notice is taken to have made the payment under the authority of the original debtor and of any other person…
Section 186 — Garnishee notices—debt for failure to comply with notice
(1) This section applies if a garnishee fails to comply with the garnishee notice to the extent that the garnishee is capable of complying with it. (2) The amount of the debt outstanding (worked out…
Section 187 — Garnishee notices—offence for non-compliance
A person commits an offence if: (a) the person is a garnishee; and (b) the person is given a garnishee notice; and (c) the person refuses or fails to comply with the notice. Penalty: Imprisonment for…
Section 188 — Garnishee notices—relationship with other laws
Sections 184 to 187 apply to an amount of money despite any law of a State or a Territory (however expressed) under which the amount is inalienable.
Section 190 — Payment of debts by arrangement
(1) The Secretary may, on behalf of the Commonwealth, enter into an arrangement (a debt payment arrangement) with a person who owes a debt, under which the person is to pay the debt, or the…
Section 190A — Secretary may determine amounts to be deducted from instalments payable to debtor
(1) If a person owes a debt to the Commonwealth, the Secretary may determine that: (a) the amount of the debt is to be deducted from an instalment that is payable to the person; or (b) 2 or more…
Section 191 — Deductions from instalments payable to another person
(1) This section applies if an amount is deducted under subsection 67(2) from an instalment payable to a PPL claimant or special PPL claimant for a child, if the deduction is for the purposes of the…
Section 192 — Recovery from an ADI
Payment into wrong account or payment for deceased person (1) This section applies if: (a) an instalment or a PPL funding amount is paid to an ADI for the credit of an account kept with the ADI in…
Section 192A — No time limit on debt recovery action
For the purposes of this Part, legal proceedings, or any action under a provision of this Part, for the recovery of a debt may be commenced or taken at any time.
Section 193 — When debts can be written off
General (1) The Secretary may, on behalf of the Commonwealth, decide to write off, for a stated period or otherwise, a debt that is due to the Commonwealth under this Act. Note: Debts recoverable by…
Section 194 — Waiver of debts—general
(1) This Division applies to debts that are due to the Commonwealth under this Act. Note: Debts recoverable by the Commonwealth under this Act are provided for by the following provisions: (a)…
Section 195 — Waiver of debts—administrative error
The Secretary must waive the right to recover so much of a debt as is attributable solely to an administrative error made by the Commonwealth, or an agent of the Commonwealth, if: (a) the debtor…
Section 196 — Waiver of debts—arising from offence
The Secretary must waive the right to recover so much of a debt as arises from an offence, if: (a) the debtor is convicted of the offence; and (b) the court indicated in sentencing the debtor that it…
Section 197 — Waiver of debts—small debts
The Secretary must waive the right to recover a debt if the debt is, or is likely to be, less than the amount referred to in section 1237AAA of the Social Security Act 1991. Note 1: The amount…
Section 198 — Waiver of debts—settlement of civil actions
Settlement of civil action (1) If the Commonwealth has agreed to settle a civil action against a debtor for recovery of a debt for less than the full amount of the debt, the Secretary must waive the…
Section 199 — Waiver of debts—special circumstances
The Secretary may waive the right to recover all or part of a debt if the Secretary is satisfied that: (a) one of the following subparagraphs applies: (i) the debt did not result wholly or partly…
Section 200 — Waiver of debts—determined classes
(1) The Secretary may, on behalf of the Commonwealth, decide to waive the Commonwealth’s right to recover debts (or parts of debts) that are included in a class of debts determined by the Minister by…
Section 200A — Secretary may make departure prohibition orders
(1) The Secretary may make an order (a departure prohibition order) prohibiting a person from departing from Australia for a foreign country if: (a) the person has one or more debts to the…
Section 200B — Departure from Australia of debtors prohibited
A person must not depart from Australia for a foreign country if: (a) a departure prohibition order in respect of the person is in force, and the person knows that the order is in force, or is…
Section 200C — Notification requirements for departure prohibition orders
(1) This section applies if the Secretary makes a departure prohibition order in respect of a person. Notifying person of order (2) The Secretary must notify the person that the order has been made.…
Section 200D — Operation of departure prohibition order
(1) A departure prohibition order comes into force when it is made, and continues in force until it is revoked, or until it is set aside by a court. Note: Subdivision E deals with appeals to the…
Section 200E — Revocation and variation of departure prohibition orders
(1) The Secretary must revoke a departure prohibition order in respect of a person if: (a) the person no longer has any debts to the Commonwealth under this Act; or (b) there are arrangements…
Section 200F — Notification requirements for revocations and variations
(1) If the Secretary revokes or varies a departure prohibition order in respect of a person, the Secretary must give notice of the revocation or variation to: (a) the person; and (b) each person to…
Section 200G — Application for departure authorisation certificate
(1) A person in respect of whom a departure prohibition order is in force may apply for a certificate (a departure authorisation certificate) authorising the person to depart from Australia for a…
Section 200H — When Secretary must issue departure authorisation certificate
(1) This section applies if a person makes an application under section 200G for a departure authorisation certificate. (2) The Secretary must issue the departure authorisation certificate if the…
Section 200J — Security for person’s return to Australia
(1) A person may give such security as the Secretary considers appropriate by bond, deposit or any other means, for the person’s return to Australia by such day as is agreed by the person and the…
Section 200K — What departure authorisation certificate must authorise
(1) A departure authorisation certificate in respect of a person must authorise the departure of the person on or before the seventh day after a day specified in the certificate. (2) The day…
Section 200L — Notification requirements for departure authorisation certificates
(1) If the Secretary issues a departure authorisation certificate in respect of a person, the Secretary must, as soon as practicable, give a copy of the certificate to: (a) the person; and (b) each…
Section 200M — Notification requirements for substituted days
(1) If, under section 200J, the Secretary substitutes a later day for a person’s return to Australia, the Secretary must give notice of that decision to: (a) the person; and (b) each person to whom a…
Section 200N — Appeals to courts against making of departure prohibition orders
(1) A person aggrieved by the making of a departure prohibition order may appeal to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) against the making of the…
Section 200P — Jurisdiction of courts
The jurisdiction of a court under section 200N must be exercised by a single Judge.
Section 200Q — Orders of court on appeal
A court hearing an appeal under section 200N against the making of a departure prohibition order may, in its discretion: (a) make an order setting aside the order; or (b) dismiss the appeal.