{"id":"nsw:sl-2024-0198","name":"State Debt Recovery Regulation 2024","slug":"state-debt-recovery-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"198 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175852,"registerId":"nsw-nsw:sl-2024-0198-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [State Debt Recovery Regulation 2024](/view/html/inforce/current/sl-2024-0198).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [State Debt Recovery Regulation 2018](/view/html/repealed/current/sl-2018-0584), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > In this regulation—\n> > \n> > fine has the same meaning as in the [Fines Act 1996](/view/html/inforce/current/act-1996-099).\n> > \n> > taxation laws has the same meaning as in the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).\n> > \n> > the Act means the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011).\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.\n> \n> **s 3:** Am 2026 (84), Sch 1\\[1\\] \\[2\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Debt recovery costs","content":"# Part 2 Debt recovery costs\n\nPart 2 Debt recovery costs","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Debt recovery costs","content":"#### 4 Debt recovery costs\n\n4 Debt recovery costs\n\n> > (1) For the Act, section 88(2)(a), the debt recovery cost payable under a debt recovery order on the making of the order is $65.\n> \n> > (2) For the Act, section 88(2)(b), the debt recovery cost payable under a debt recovery order for the following actions taken by the Chief Commissioner is $65—\n> > \n> > > (a) the making of a property seizure order against a debtor under the Act, section 54(1),\n> > \n> > > (b) the making of a garnishee order against a debtor under the Act, section 55(1),\n> > \n> > > (c) an application to register a debt recovery order as a charge on land held by a debtor under the Act, section 56(1).\n> \n> > (3) A debt recovery cost referred to in subsection (2) must be paid to the Chief Commissioner for payment into the Consolidated Fund.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Waiver, postponement or refund of costs","content":"#### 5 Waiver, postponement or refund of costs\n\n5 Waiver, postponement or refund of costs\n\n> For the Act, section 117(3), the Chief Commissioner may waive, postpone or refund all or part of debt recovery costs payable under this part in the circumstances the Chief Commissioner considers appropriate.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Public authority","content":"#### 6 Public authority\n\n6 Public authority\n\n> For the Act, section 4(2)(d), the following are declared to be public authorities—\n> \n> > (a) Essential Energy,\n> \n> > (b) Water NSW.","sortOrder":8},{"sectionNumber":"6A","sectionType":"section","heading":"Hardship Review Board—the Act, s 67(1)(d)","content":"#### 6A Hardship Review Board—the Act, s 67(1)(d)\n\n6A Hardship Review Board—the Act, s 67(1)(d)\n\n> Non-government members of the Hardship Review Board must have qualifications or experience in one or more of the following areas—\n> \n> > (a) community welfare,\n> \n> > (b) providing social services,\n> \n> > (c) providing financial support to persons,\n> \n> > (d) providing support to vulnerable persons,\n> \n> > (e) fines,\n> \n> > (f) taxation laws,\n> \n> > (g) State debt,\n> \n> > (h) public policy.\n> \n> **s 6A:** Ins 2026 (84), Sch 1\\[3\\].","sortOrder":9},{"sectionNumber":"6B","sectionType":"section","heading":"Transitional provision—Hardship Review Board—the Act, Sch 2, cl 1","content":"#### 6B Transitional provision—Hardship Review Board—the Act, Sch 2, cl 1\n\n6B Transitional provision—Hardship Review Board—the Act, Sch 2, cl 1\n\n> > (1) The Minister must appoint 2 non-government members to the Hardship Review Board within 1 year after the relevant commencement date.\n> \n> > (2) The Hardship Review Board is taken to be properly constituted by the members described in the Act, section 67(1)(a)–(c).\n> \n> > (3) This section applies until the Minister has appointed 2 non-government members to the Hardship Review Board under the Act, section 67(1)(d).\n> \n> > (4) This section is taken to have commenced on the relevant commencement date.\n> \n> > (5) In this section—\n> > \n> > relevant commencement date means the date of assent to the [Fines Legislation Amendment Act 2026](/view/pdf/asmade/act-2026-4).\n> \n> **s 6B:** Ins 2026 (84), Sch 1\\[3\\].","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Repeal and saving","content":"#### 7 Repeal and saving\n\n7 Repeal and saving\n\n> > (1) The [State Debt Recovery Regulation 2018](/view/html/repealed/current/sl-2018-0584) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [State Debt Recovery Regulation 2018](/view/html/repealed/current/sl-2018-0584), had effect under that regulation continues to have effect under this regulation.","sortOrder":11}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available metadata, the regulation appears to remain within its intended scope as a procedural instrument supporting the State Debt Recovery Act. The March 2026 amendment updated the regulation but there is no indication from the available information that the scope broadened or narrowed materially from its original intent. A full assessment would require reviewing the substantive provisions."},"complexity_factors":["Operates as subordinate legislation under the State Debt Recovery Act, requiring cross-referencing with the parent Act to understand full effect","Two versions in force since 2024 require readers to check which version applies to their situation","Staged repeal mechanism adds a temporal layer that non-lawyers may find confusing","Government debt recovery involves intersecting legal concepts (garnishee orders, enforcement mechanisms, debt disputes) that carry real financial consequences for individuals","Full operative text was not available for analysis, limiting assessment of internal complexity"],"plain_english_summary":"The State Debt Recovery Regulation 2024 (NSW) sets out the practical rules for how NSW government agencies collect money owed to them — fines, court-ordered amounts and other government debts. It affects debtors and the agencies that recover those debts because it fills in timeframes, procedures and forms left to the parent Act.\n\nThere are two versions (June 2024 and an update in March 2026) and it is scheduled to expire on 1 September 2029."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow purpose: setting administrative details (fees, definitions, transitional arrangements) for the State Debt Recovery Act. The 2026 amendments add specific qualifications for Hardship Review Board members and transitional appointment rules, but these fit within the existing framework rather than expanding the regulation's scope into new policy areas."},"complexity_factors":["Very short document (7 sections plus definitions)","Only 3 defined terms in the interpretation section ('fine', 'taxation laws', 'the Act')","Minimal cross-referencing—primarily references back to the parent Act for context","Straightforward fee structure with flat dollar amounts ($65) rather than formulas or sliding scales","Simple conditional logic (subsections listing specific actions triggering fees)","No nested exceptions or complex procedural requirements","Recent amendments (2026) are clearly marked and add discrete new sections rather than complicating existing ones"],"plain_english_summary":"**What this legislation does**\n\nThis regulation sets the rules for recovering unpaid debts owed to the NSW Government—mainly unpaid fines and taxes. It works together with the *State Debt Recovery Act 2018* (the main law) and the *Fines Act 1996*.\n\n**Key things it covers:**\n\n- **Fees for chasing debts**: It fixes the amount that debtors must pay to cover the government's costs of recovering the money. The fee is **$65** when a \"debt recovery order\" is first made, and another **$65** if the government takes stronger action like:\n  - Seizing property (taking and selling your stuff)\n  - Garnisheeing wages or bank accounts (taking money directly from your employer or bank)\n  - Registering a charge against your land (putting a legal claim on your property)\n\n- **Power to waive or refund fees**: The Chief Commissioner (the senior official running the system) can cancel, delay, or refund these $65 fees if they think it's fair to do so.\n\n- **Who counts as a \"public authority\"**: It adds **Essential Energy** (the electricity network) and **Water NSW** (the water supplier) to the list of government-related bodies that can use this debt recovery system.\n\n- **Hardship Review Board qualifications**: It specifies what skills non-government members of the Hardship Review Board (which reviews cases where people claim they can't pay due to hardship) must have—such as experience in community welfare, financial support, or tax law.\n\n- **Transitional rules**: It includes temporary arrangements for appointing new board members after changes made by the *Fines Legislation Amendment Act 2026*.\n\n**Who it affects**\n\nAnyone who owes money to NSW government agencies (especially unpaid fines or taxes), plus the government officials and agencies trying to recover those debts.\n\n**Why it matters**\n\nThis regulation directly affects how much extra you'll pay if you don't pay a fine or tax debt on time. The $65 fees add to your original debt, and the rules about waivers could save you money if you're in genuine hardship. It also ensures the Hardship Review Board has qualified members to assess difficult cases fairly."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This regulation expressly repeals and replaces the State Debt Recovery Regulation 2018 (s 2, s 7). It restates the debt-recovery cost regime and adds or updates governance detail for the Hardship Review Board (prescribed member qualifications in s 6A and transitional appointment requirements in s 6B). Those insertions indicate a change in scope from the previous instrument by formalising member qualifications and transitional appointment timing, alongside maintaining the fee and enforcement framework."},"complexity_factors":["Cross-references to multiple Acts and external definitions create interpretive dependency (s 3; notes referencing the Act, Fines Act 1996, Taxation Administration Act 1996 and Interpretation Act 1987).","Fixed monetary charge and specific enforcement triggers are set in statute (debt recovery cost $65 for orders and listed enforcement actions) (s 4(1)–(2)).","Funds flow specified to the Consolidated Fund (s 4(3)), creating an explicit public-revenue mechanism.","Executive discretion to waive, postpone or refund costs introduces administrative decision-making and potential variability (s 5).","Statutory declarations of public authorities (Essential Energy, Water NSW) affect who may be pursued under the Act (s 6).","Prescribed qualifications for non-government Hardship Review Board members add substantive selection criteria (s 6A).","Transitional appointment timing and constitution rules for the Board introduce temporary governance deadlines and validity of constitution (s 6B).","Repeal and saving clause preserves existing effects while replacing prior regulation, requiring attention to continuity (s 7)."],"plain_english_summary":"Mechanically, this regulation replaces the 2018 instrument, sets a fixed $65 debt-recovery cost payable to the Chief Commissioner for making a debt recovery order and certain enforcement steps (paid into the Consolidated Fund), and gives the Chief Commissioner discretion to waive, postpone or refund those costs. It also declares Essential Energy and Water NSW as public authorities and prescribes qualifications and transitional appointment rules for non‑government members of the Hardship Review Board. Affects debtors, the Chief Commissioner, named utilities and board appointees."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/state-debt-recovery-regulation-2024","history":"/api/acts/state-debt-recovery-regulation-2024/history","analysis":"/api/acts/state-debt-recovery-regulation-2024/analysis","conflicts":"/api/acts/state-debt-recovery-regulation-2024/conflicts","importantCases":"/api/acts/state-debt-recovery-regulation-2024/important-cases","documents":"/api/acts/state-debt-recovery-regulation-2024/documents"}}