180ACouncil must not commence proceeding for recovery of unpaid debt in certain circumstances

180A Council must not commence proceeding for recovery of unpaid debt in certain circumstances (1) A Council must not commence a proceeding under section 180(1) for an unpaid rate or charge that has not been deferred under section 170 or has not been the subject of a payment plan unless— (a) the Council, in writing— (i) notifies the person liable to pay the rate or charge of the arrears; and (ii) advises the person of the payment options available including deferrals and payment plans; and (b) it has been at least 24 months since the person was notified and advised in accordance with paragraph (a) and the person has not deferred payment, entered into a payment plan or used any other available payment option. (2) A Council must not commence a proceeding under section 180(1) for an unpaid rate or charge that has been deferred under section 170 unless— (a) the Council has sent a notice under section 170(3); and (b) the person has failed to make payment as required by the notice. (3) A Council must not commence a proceeding under section 180(1) for an unpaid rate or charge that is subject to a payment plan. A Council may cancel a payment plan at any time if the person is not complying with the terms of the plan—see section 171B(7). (4) A Council must not commence a proceeding under section 180(1) for an unpaid rate or charge that was subject to a payment plan unless it has been at least 24 months since the plan was cancelled. S. 181 amended by Nos 13/1990 s. 22, 78/1991 s. 9(a)(b), 91/1994 s. 36(6), substituted by No. 27/1997 s. 15.