Section 444 — Social Security Act 2018: Regulations: debts and deductions

444 Regulations: debts and deductions (1) The Governor-General may, by Order in Council, make regulations for the purposes of section 353 . (2) Regulations made under subsection (1) may (without limitation) do all or any of the following: (a) specify sums that are debts due to the Crown (which may, but need not, be amounts this Act states are debts due to the Crown, and subject to recovery, under regulations made under this section): (b) prescribe exceptions to the debt-recovery duty imposed on MSD by section 362 (for example, because— (i) a debt was caused wholly or partly by an error to which the debtor did not intentionally contribute: (ii) debt recovery is remitted or suspended under regulations made under section 448 : (iii) MSD determines a debt is uneconomic to recover: (iv) the Minister and the Minister of Finance have given jointly for public finance purposes generally an authorisation about debts that are to be written off): (c) require MSD to determine, having regard to Ministerial debt recovery directions given in writing under the regulations, rates and methods of debt recovery: (d) provide for recovery from the estate of a deceased beneficiary, from the estate of a beneficiary’s deceased spouse or partner, or from both estates, an excess amount a beneficiary obtained: (e) provide for the District Court, on application by an executor or administrator of an estate on whom a notice of assessment is served by MSD, to have jurisdiction to review, confirm or cancel, or make any other order it considers just and equitable in respect of, any MSD determination under the regulations of an excess amount (irrespective of that amount) paid to a person, assessed by MSD under the regulations, and to be recovered under regulations made under paragraph (d) or (g): (f) authorise the District Court to receive as evidence any statement, document, information, or matter that may in its opinion assist the court to deal effectively with the application, whether or not it would be otherwise admissible in a court of law: (g) provide for MSD to issue a deduction notice requiring a debtor’s payer to deduct, and pay MSD, an amount due. (3) Ministerial debt recovery directions given in writing under the regulations, and referred to in subsection (2)(c),— (a) must, as soon as practicable after they are given, be— (i) published on an Internet site administered by or on behalf of MSD; and (ii) notified in the Gazette ; and (b) must, each time they are amended without also being replaced, also as soon as practicable after they are amended, be published— (i) on an Internet site administered by or on behalf of MSD; and (ii) current as at a stated date; and (iii) incorporating amendments up to that date; and (c) are not a legislative instrument, but are a disallowable instrument, for the purposes of the Legislation Act 2012 , and must be presented to the House of Representatives under section 41 of that Act. (4) A notification in the Gazette for the purpose of subsection (3)(a)(ii) does not have to include the text of the direction. Compare: 1964 No 136 ss 3(1) , 83AA , 85A , 85B , 86 , 86AA , 86A–86I , 124(2), (2A) , 125G(3)