99KOrders may extend to State debt

99K Orders may extend to State debt

99K Orders may extend to State debt

(1) The Commissioner may make or vary a work and development order so that it extends to all or part of an unpaid State debt that is payable by the person, in addition to a fine, if—

(a) the Commissioner has power to make, or has made, a work and development order with respect to the person in relation to the fine, and

(b) the person requests or agrees to the extension of the order to that State debt, and

(c) the approved person agrees to the extension of the order to that State debt, and

(d) a debt recovery order has been made with respect to the person in relation to the State debt.

(2) A request may be made in anticipation of a debt recovery order being made with respect to the person in relation to the State debt.

(3) If the Commissioner makes a work and development order that applies to both a fine and State debt, this Subdivision (except section 99E) applies in relation to the State debt as if it were a fine.

(4) If a person subject to a work and development order that extends to a State debt or part of a State debt—

(a) complies with the order—the State debt, or the part of the State debt, to which the order relates is taken to be satisfied, or

(b) pays both the fine and the State debt (or the unsatisfied balance of the fine and the State debt having regard to the activities already undertaken under the order)—the order is taken to be satisfied.

(5) If a person subject to a work and development order complies with some but not all of the activities required by the order, the State debt is taken to be satisfied to the value of the activities that have been undertaken at the rate or rates set out in the order.

(6) However, an activity that is undertaken is to be counted towards satisfaction of a State debt only if the fine to which the order relates has been satisfied.

(7) No debt recovery action is to be taken against a person under the State Debt Recovery Act 2018 in respect of a State debt to which a work and development order relates while the order is in force.