South Australian Current Acts

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FINES ENFORCEMENT AND DEBT RECOVERY ACT 2017 - SECT 50

50—Application to Court in relation to debt

        (1)         A debtor who disputes the existence, or the amount, of a debt the subject of a civil debt determination may, within 1 month after receiving notice of the determination, apply to the Court for revocation or variation of the determination.

        (2)         The public authority to which the debt is owed is the respondent to an application under this section and bears the onus of proving, on the balance of probabilities, that the debt is owed by the debtor.

        (3)         The Court may, on an application under this section, affirm, vary or revoke the civil debt determination.

        (4)         The Court may, in the Court's discretion, extend the time for making an application under this section even if the time for making the application has ended.

        (5)         A proceeding on an application made to the Court under this section is a minor statutory proceeding for the purposes of the Magistrates Court Act 1991 unless the amount claimed to be owed by the debtor exceeds $12 000.

        (6)         No fee is payable on an application under this section.



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