Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
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.
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Direct links to the current provisions in State Debt Recovery Regulation 2024.
Part 1 Preliminary
1 Name of regulation
This regulation is the State Debt Recovery Regulation 2024.
2 Commencement
This regulation commences on the day on which it is published on the NSW legislation website.
Note—
This regulation repeals and replaces the State Debt Recovery Regulation 2018, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
fine has the same meaning as in the Fines Act 1996.
taxation laws has the same meaning as in the Taxation Administration Act 1996.
the Act means the State Debt Recovery Act 2018.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
s 3: Am 2026 (84), Sch 1[1] [2].
Part 2 Debt recovery costs
4 Debt recovery costs
(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.
(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—
(a) the making of a property seizure order against a debtor under the Act, section 54(1),
(b) the making of a garnishee order against a debtor under the Act, section 55(1),
(c) an application to register a debt recovery order as a charge on land held by a debtor under the Act, section 56(1).
(3) A debt recovery cost referred to in subsection (2) must be paid to the Chief Commissioner for payment into the Consolidated Fund.
5 Waiver, postponement or refund of costs
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.
Part 3 Miscellaneous
6 Public authority
For the Act, section 4(2)(d), the following are declared to be public authorities—
(a) Essential Energy,
(b) Water NSW.
6A Hardship Review Board—the Act, s 67(1)(d)
Non-government members of the Hardship Review Board must have qualifications or experience in one or more of the following areas—
(a) community welfare,
(b) providing social services,
(c) providing financial support to persons,
(d) providing support to vulnerable persons,
(e) fines,
(f) taxation laws,
(g) State debt,
(h) public policy.
s 6A: Ins 2026 (84), Sch 1[3].
6B Transitional provision—Hardship Review Board—the Act, Sch 2, cl 1
(1) The Minister must appoint 2 non-government members to the Hardship Review Board within 1 year after the relevant commencement date.
(2) The Hardship Review Board is taken to be properly constituted by the members described in the Act, section 67(1)(a)–(c).
(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).
(4) This section is taken to have commenced on the relevant commencement date.
(5) In this section—
relevant commencement date means the date of assent to the Fines Legislation Amendment Act 2026.
s 6B: Ins 2026 (84), Sch 1[3].
7 Repeal and saving
(1) The State Debt Recovery Regulation 2018 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the State Debt Recovery Regulation 2018, had effect under that regulation continues to have effect under this regulation.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1 Name of regulation
This regulation is the State Debt Recovery Regulation 2024.
2 Commencement
This regulation commences on the day on which it is published on the NSW legislation website.
Note—
This regulation repeals and replaces the State Debt Recovery Regulation 2018, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
fine has the same meaning as in the Fines Act 1996.
taxation laws has the same meaning as in the Taxation Administration Act 1996.
the Act means the State Debt Recovery Act 2018.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
s 3: Am 2026 (84), Sch 1[1] [2].
Part 2 Debt recovery costs
4 Debt recovery costs
(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.
(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—
(a) the making of a property seizure order against a debtor under the Act, section 54(1),
(b) the making of a garnishee order against a debtor under the Act, section 55(1),
(c) an application to register a debt recovery order as a charge on land held by a debtor under the Act, section 56(1).
(3) A debt recovery cost referred to in subsection (2) must be paid to the Chief Commissioner for payment into the Consolidated Fund.
5 Waiver, postponement or refund of costs
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.
Part 3 Miscellaneous
6 Public authority
For the Act, section 4(2)(d), the following are declared to be public authorities—
(a) Essential Energy,
(b) Water NSW.
6A Hardship Review Board—the Act, s 67(1)(d)
Non-government members of the Hardship Review Board must have qualifications or experience in one or more of the following areas—
(a) community welfare,
(b) providing social services,
(c) providing financial support to persons,
(d) providing support to vulnerable persons,
(e) fines,
(f) taxation laws,
(g) State debt,
(h) public policy.
s 6A: Ins 2026 (84), Sch 1[3].
6B Transitional provision—Hardship Review Board—the Act, Sch 2, cl 1
(1) The Minister must appoint 2 non-government members to the Hardship Review Board within 1 year after the relevant commencement date.
(2) The Hardship Review Board is taken to be properly constituted by the members described in the Act, section 67(1)(a)–(c).
(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).
(4) This section is taken to have commenced on the relevant commencement date.
(5) In this section—
relevant commencement date means the date of assent to the Fines Legislation Amendment Act 2026.
s 6B: Ins 2026 (84), Sch 1[3].
7 Repeal and saving
(1) The State Debt Recovery Regulation 2018 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the State Debt Recovery Regulation 2018, had effect under that regulation continues to have effect under this regulation.