Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 174

Recovery of fines etc.

  (1)   The amount that is due and payable of any fine imposed on a person under this Act or the Defence Force Discipline Appeals Act 1955   may be:

  (a)   recovered by deduction from any pay, wages or salary payable to the person by the Commonwealth; or

  (b)   without prejudice to recovery in accordance with paragraph   (a), recovered by action in a civil court of competent jurisdiction as a debt due to the Commonwealth.

  (2)   An amount that is due and payable under any reparation order made against a person may be recovered as follows:

  (a)   the amount may be recovered by deduction from any pay, wages or salary payable to the person by the Commonwealth and an amount equal to the amount so recovered may be paid by the Commonwealth to the person in whose favour the reparation order was made; or

  (b)   without prejudice to recovery in accordance with paragraph   (a), the amount may be recovered by action in a civil court of competent jurisdiction as a debt due to the person in whose favour the reparation order was made.

  (3)   Where any fine or reparation is directed to be paid by instalments and default is made in the payment of any instalment, all instalments then remaining unpaid thereupon become due and payable.

  (4)   Nothing in this section affects any right or remedy that a person may have, apart from this section, in respect of any loss or damage occasioned by an offence.



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