Document ID: chunk:federal_register_of_legislation:C2004A04145:body:0:p21
Version: federal_register_of_legislation:C2004A04145
Segment Type: other
Provision Reference: 
Character Range: 49545–52184

Commonwealth because of:

    (a)     a notice by the Secretary under section 1174 of this Act or section 154 of the 1947 Act (compensation payers); or

    (b)     a notice by the Secretary under section 1179 of this Act or section 155 of the 1947 Act (insurers);

the amount is a debt due to the Commonwealth and is recoverable by the Commonwealth by means of legal proceedings.

Note 1: for 'compensation payer' see subsection 17 (1).
Note 2: for 'legal proceedings' see section 1232.".

SCHEDULE 2—continued

After section 1230:

  Insert the following section in Part 5.2:

Debt from failure before 1 July 1991 to comply with garnishee notice under the 1947 Act

  "1230a. (1) If:

    (a)     a person (in this section called the 'garnishee debtor') was given a notice under section 162 of the 1947 Act in respect of a debt due by another person (in this section called the 'original debtor') under the 1947 Act; and

    (b)     the garnishee debtor failed to comply with the notice before 1 July 1991 to the extent that he or she was capable of complying with it;

then the amount of the debt outstanding (worked out under subsection (2)) is recoverable from the garnishee debtor by the Commonwealth by means of:

  (c)     legal proceedings; or

  (d)     garnishee notice.

Note 1: for 'legal proceedings' see section 1232.
Note 2: for 'garnishee notice' see section 1233.

  "(2) The amount of the debt outstanding is the amount equal to:

    (a)     as much of the amount required by the notice under section 162 of the 1947 Act to be paid by the garnishee debtor as the garnishee debtor was able to pay; or

    (b)    as much of the debt due by the original debtor at the time when the notice was given as remains due from time to time;

whichever is the lesser.

  "(3) If the Commonwealth recovers:

     (a) the whole or a part of the debt due by the garnishee debtor under subsection (1); or

(b) the whole or a part of the debt due by the original debtor; then:

    (c)     both debts are reduced by the amount that the Commonwealth has so recovered; and

    (d)     the amount specified in the notice under section 162 of the 1947 Act is to be taken to be reduced by the amount so recovered.

"(4) A reference in subsection (3) to the Commonwealth recovering the whole or a part of a debt includes a reference to the Commonwealth recovering, under the 1947 Act, the whole or a part of the debt.

  "(5) In this section:

SCHEDULE 2—continued

'person' includes:

  (a)     the Commonwealth; and

  (b)     a State; and

  (c)     a Territory; and

  (d)     any authority of the Commonwealth, a State or Territory.".