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Approach to debt recovery

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17 May 2017

​​​The Clean Energy Regulator has responsibilities collect payments in association with the climate change laws we administer. In cases where money is owing to the agency, our recovery approach is consistent with the Public Governance, Performance and Accountability Act 2013.

Further details are available in the Approach to debt recovery document

documentasset: Approach to d​ebt recovery​

Debt recovery principles

Early engagement

We encourage clients to comply with their obligations under the schemes we administer, and undertake range actions to assist in their voluntary compliance, including education and training. We work directly with clients where they may be unaware of their liability, unable or unwilling to pay that debt. 

Entities should pay debts when due

Our position is that clients should pay all charges, fees, payments and other financial obligations when due in accordance with the relevant legislation. As a government agency, we do not have flexibility to extend the time when payments are due, but we may have capacity to make arrangements for instalment plans or deferral of payment. 

The Clean Energy Regulator is not a credit provider

We are not a credit provider and, unlike other creditors, we cannot choose not to deal with non-compliant debtors. 

Debt is to be managed on a risk management basis

We manage the risk that charges, payments and debts will not be paid within required timeframes, if at all. When managing this risk, we evaluate the client’s individual circumstances, compliance history and viability or ability to pay outstanding debts. 

We will adopt the most appropriate remedy

Once we have established the client’s compliance history and reasons for non-compliance, we undertake one or all of the following actions, depending on the circumstances:

  • ​Early intervention – correspondence, external collection agencies
  • Firmer action – garnishees, director penalty notices, statutory demands, and
  • Enforcement – legal action, bankruptcy proceedings, company wind-ups. 

Our actions are to equitable and perceived to be equitable

Those clients that do not comply with their obligations should perceive any debt recovery arrangements agreed to in regards to debtors as equitable. Our approach will include flexible payment arrangements that align with cash flow, remitting or reducing penalties or interest, consideration of hardships or financial difficulty (such as being affected by natural disasters) and being firm but fair. 



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