Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a judgment given by a court for the payment of a sum of money has not been fully satisfied by the judgment debtor and the judgment debtor is entitled to a pension or other benefit under this Act, the judgment creditor may serve on the Board, in such manner as is prescribed, a copy of the judgment, certified under the hand of the Registrar or other proper officer of the court by which the judgment was given, and a statutory declaration by the judgment creditor stating that the judgment has not been fully satisfied by the judgment debtor and specifying the amount due by the judgment debtor under the judgment.
(2) Where a copy of a judgment and a statutory declaration are served on the Board in accordance with subsection (1), the Board shall, as soon as practicable, by notice in writing given to the judgment debtor, inform him of the service of those documents and require him, within such period as is specified in the notice and in such manner as is so specified, to notify the Board whether the amount specified in the declaration is still due under the judgment and, if no amount or a lesser amount is due under the judgment, to furnish to the Board, in such manner as is specified in the notice, evidence in support of that fact.
(3) A person to whom a notice is given under subsection (2) shall comply with the requirements contained in the notice.
Note: Part IA of the Crimes Act 1914 contains provisions dealing with penalties.
(4) If, at the expiration of the period specified in the notice, the Board is satisfied that an amount is due under the judgment, the Board may, in its discretion, deduct from the pension or benefit, and pay to the judgment creditor, such sums as do not exceed that amount.
(5) A deduction shall not be made from:
(a) an instalment of pension payable in respect of a child; or
(b) an instalment of any other pension if the deduction will reduce the amount of the instalment payable to less than one - half of the amount that would, but for this section, be payable.
(6) If, after a copy of a judgment given against a pensioner or beneficiary, being a judgment in respect of which the Board is satisfied that an amount is due, has been served in accordance with subsection (1), a copy of another judgment given (whether before or after the first - mentioned judgment) against the same pensioner or beneficiary in favour of the person in whose favour the first - mentioned judgment was given or in favour of another person is served in accordance with that subsection, the Board shall not make a payment in pursuance of this section to the judgment creditor under the other judgment in respect of the amount due under that judgment until the amount due under the first - mentioned judgment has been paid.
(7) A payment made to a judgment creditor in pursuance of this section out of an amount of benefit payable to a person shall be deemed to be a payment of benefit to the person entitled to benefit.
(8) A judgment creditor who serves a copy of a judgment on the Board under subsection (1) must, within 21 days after the day that the judgment debt is satisfied, notify the Board, in such manner as is prescribed, that the judgment debt is satisfied.
Note: Part IA of the Crimes Act 1914 contains provisions dealing with penalties.
(9) If the amounts paid in pursuance of this section to a judgment creditor in respect of a judgment exceed, in the aggregate, the amount due under the judgment, the excess is repayable by the judgment creditor to the judgment debtor and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in any court of competent jurisdiction.