45Deadline for court election

#### 45 Deadline for court election 45 Deadline for court election > > (1) An election to have a referable debt dealt with by a court is to be made before the deadline for a court election. > > > (2) For the purposes of this Act, the deadline for a court election is— > > > > > (a) the date for payment of the referable debt specified in a debt recovery order, or > > > > > (b) the date that is 28 days after the date notice of the outcome of an internal review or a statutory internal review in relation to the referable debt is served on the person, > > > > whichever is the later. > > > (3) The Chief Commissioner may, by notice in writing to a debtor, accept an election made after the deadline for a court election if— > > > > > (a) the Chief Commissioner has not yet commenced debt recovery action in respect of the referable debt, or > > > > > (b) the Chief Commissioner is satisfied that the debtor was not aware that a debt recovery order had been made, but only if the election is made within a reasonable time after service of the debt recovery order, or > > > > > (c) the Chief Commissioner is satisfied that the debtor was hindered by accident, illness, misadventure or other cause from taking action in relation to the debt recovery order, but only if the election is made within a reasonable time after the person ceased being so hindered. > > > (4) For the purposes of this Act, a debtor duly elects to have a referable debt dealt with by a court if— > > > > > (a) the debtor makes an election to have the referable debt dealt with by a court on or before the deadline for a court election, or > > > > > (b) the debtor makes an election to have the referable debt dealt with by a court after the deadline for a court election and the Chief Commissioner accepts the election under this section. > > > (5) An election is made when notice of the election is served on the Chief Commissioner.