LAW5800: The demand for payment of an alleged debt first

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1. The demand for payment of an alleged debt first made by the Respondent to the Applicant on 2 March 2018 was not validly made because the information before the decision-maker acting on behalf of the Respondent was not capable of satisfying the decision-maker that:

(a) a debt was owed by the Applicant to the Respondent, within the scope of
s 1222A(a) and s 1223(1) of the Social Security Act 1991 (Cth) in the amount
of the alleged debt; or that

(b) any of the necessary preconditions for the addition of a 10% penalty to such debt, as prescribed by s 1228B(1)(c) of the Social Security Act 1991 (Cth) were present.

2. In consequence of the declaration in paragraph 1, the notice purportedly issued on 2 March 2018 was not a validly issued notice for the purpose of s 1229 of the Social Security Act 1991 (Cth) because the decision-maker could not have been satisfied that a debt was owed in the amount of the alleged debt.

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