64. Setting off amounts owed to, and by, the Commonwealth

(1) If:

(a) an amount (the first amount) is owing to the Commonwealth by a person; and

(b) an amount (the second amount) is owing by the Commonwealth to the person;

the Finance Minister may, on behalf of the Commonwealth, authorise the set-off of the whole or a part of the first amount against the whole or a part of the second amount.

(1A) An authorisation of a set-off must be in accordance with any requirements prescribed by the rules.

(2) Paragraph (1)(b) does not apply in relation to a payment if:

(a) a law of the Commonwealth provides that the payment is inalienable or absolutely inalienable; or

(b) a law of the Commonwealth provides that the payment, or the right to the payment, cannot be assigned.

(3) To avoid doubt, an amount may be owing to, or by, the Commonwealth even if it is not yet due for payment.

(4) An authorisation of a set-off is not a legislative instrument.

Last updated: 13 January 2016