Document ID: chunk:federal_register_of_legislation:C2025C00176:section:120b:p3
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 120B (pt 3/4)
Character Range: 415249–417815

by the judgment creditor to the member.
 (11) Where, in relation to an amount deducted pursuant to subsection (3) from the salary payable to the member on a pay‑day, an amount is, by virtue of paragraph (7)(c), deemed to have been paid by the member to the judgment creditor and an amount is, by virtue of paragraph (8)(b), deemed to have been paid by the member to the judgment creditor, then, for the purposes of subsection (10), the last‑mentioned amount shall be deemed to have been paid after the second‑mentioned amount.
 (12) If the member ceases to be a member before the paying officer is notified that the judgment has been satisfied, the paying officer shall forthwith inform the judgment creditor, in writing, of the fact that the member has ceased to be a member and the date on which the member ceased to be a member.
 (13) If the paying officer is satisfied that the deduction of the amount that the paying officer would, but for this subsection, be required to deduct from the salary payable to the member on a pay‑day would cause severe hardship to the member, the paying officer may deduct a lesser amount in relation to the pay‑day.
 (14) Where copies of more than one judgment, and statutory declarations in relation to those judgments, are served under subsection (1) in relation to a member, the judgments shall be dealt with under this section in the order in which copies of the judgments are served under that subsection.
 (15) Subsections (1) to (14) (inclusive) do not apply to a member:
 (a) who is a bankrupt; or
 (b) in relation to whom a personal insolvency agreement is in force under the Bankruptcy Act 1966.
 (16) In this section:
member means a member of the Defence Force rendering continuous full‑time service.
net salary, in relation to a member in relation to a pay‑day, means the amount of salary payable by the Commonwealth to the member on the pay‑day after deductions have been made:
 (a) pursuant to Part 2‑5 in Schedule 1 to the Taxation Administration Act 1953; and
 (b) pursuant to Part III of the Defence Force Retirement and Death Benefits Act 1973; and
 (c) for purposes prescribed for the purpose of this paragraph.
normal deduction, in relation to a member in relation to a pay‑day, means an amount equal to 20% of the net salary of the member in relation to the pay‑day or such greater amount as the member notifies a paying officer, in writing, should be the normal deduction for the purposes of this section in relation to the pay‑day.
pay‑day, in relation to a member, means a day on which salary is payable to