Social Security and Other Legislation Amendment (Technical Changes No. 2) Act 2025 (79 of 2025)

Schedule 2   Debt waivers

Part 2   Small debt waiver

Division 1   Amendments

Student Assistance Act 1973

12A   At the end of Part 6

Add:

Division 5 - Other matters

44 Non-recovery of certain amounts

If a record of an amount less than the amount referred to in section 1237AAA of the Social Security Act 1991 is entered into the records of the Human Services Department, the Secretary must waive the Commonwealth's right to raise a debt in respect of the whole or a part of the amount if, were the Commonwealth to exercise that right, the resulting debt would be a debt to which this Part applies.

Note 1: The amount referred to in section 1237AAA of the Social Security Act 1991 is indexed on each 1 July (see sections 1191 to 1194 of that Act). Immediately before 1 July 2026, the amount was $250.

Note 2: See also section 43D (waiver of small debt).

Note 3: A waiver under this section of the Commonwealth's right to raise a debt in respect of an amount does not prevent the Secretary from considering whether any person may have engaged in fraud or serious non-compliance in relation to the amount and taking further appropriate action.

44A Secretary may arrange for use of computer programs to make decisions

(1) The Secretary may arrange for the use, under the Secretary's control, of computer programs for any purposes for which an officer may make a decision that is the doing of a thing under section 43D (waiver of small debt) or section 44 (non-recovery of certain amounts).

(2) A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary.