Public Governance, Performance and Accountability Act 2013

CHAPTER 2 - COMMONWEALTH ENTITIES AND THE COMMONWEALTH  

PART 2-4 - USE AND MANAGEMENT OF PUBLIC RESOURCES  

Division 7 - Waivers, modifications of payment terms, set offs and act of grace payments  

SECTION 64   SETTING OFF AMOUNTS OWED TO, AND BY, THE COMMONWEALTH  

64(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.

64(1A)    

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

64(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.

64(3)    
To avoid doubt, an amount may be owing to, or by, the Commonwealth even if it is not yet due for payment.

64(4)    

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