Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Commonwealth is not entitled to recover a debt under section 52ZC from a person until after the person's death.
(2) In the following circumstances, the Commonwealth is not entitled to recover the debt until after the person's death and after:
(a) if:
(i) the person was a member of a couple at the time of death; and
(ii) the person's partner survives the person; and
(iii) an amount of bereavement payment is payable to the partner because of the person's death;
the end of the bereavement period; or
(b) if:
(i) the person was a member of a couple at the time of death; and
(ii) the person's partner survives the person; and
(iii) the person's partner has the use of the assets or part of the assets that are subject to a charge; and
(iv) the partner has reached:
(A) if the partner is a veteran--pension age; or
(B) if the partner is not a veteran--the age that would be his or her pension age if he or she were a veteran;
the death of the partner.
Note: For pension age see section 5QA.
(2A) In relation to the period between the person's death and the time of recovery of the debt by the Commonwealth:
(a) compound interest continues to accrue, and forms part of the debt, in accordance with Step 3 of the Method statement in subsection 52ZC(3); and
(b) the charge in favour of the Commonwealth under section 52ZF continues in relation to the real assets until the debt is recovered.
(3) This section is subject to section 52ZH (enforcement of charge if assets change hands).
(4) If the Commission determines in writing that the debt is to be recovered before the events referred to in subsection (1) or (2), the debt may be so recovered in spite of those subsections.