LOCAL GOVERNMENT ACT 1989 - SECT 180A Council must not commence proceeding for recovery of unpaid debt in certain circumstances

LOCAL GOVERNMENT ACT 1989 - SECT 180A

    (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.

Note

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.