Document ID: chunk:federal_register_of_legislation:C2025C00156:section:129aeg:p2
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 129AEG (pt 2/2)
Character Range: 786510–788701

available money; or
 (b) if there will be amounts of the available money from time to time—require the third party to pay to the Commonwealth a specified amount, or a specified percentage, of each amount of the money, until the recoverable amount is recovered.

When amount must be paid
 (5) The garnishee notice must require the third party to pay an amount under paragraph (4)(a), or each amount under paragraph (4)(b), within the period specified in the notice.

Debtor must be notified
 (6) The CEO must send a copy of the garnishee notice to the debtor or estate.

Setting off amounts
 (7) If a person other than the third party has paid an amount to the Commonwealth that satisfies all or part of the recoverable amount:
 (a) the CEO must notify the third party of that fact; and
 (b) any amount that the third party is required to pay under the garnishee notice is reduced by that amount.

Indemnity
 (8) If an amount is paid by the third party in accordance with the garnishee notice:
 (a) the payment is taken to have been authorised by:
 (i) the debtor or estate; and
 (ii) any other person who is entitled to all or a part of the amount; and
 (b) the third party is indemnified for the payment.

Garnishee notice to Commonwealth, State or Territory
 (9) If the third party mentioned in subsection (2) is the Commonwealth, a State or a Territory, the CEO may give the garnishee notice to a person who is (as the case requires):
 (a) employed by the Commonwealth, State or Territory; and
 (b) required, or authorised, to disburse public money under a law of the Commonwealth, State or Territory.

Section binds the Crown
 (10) This section binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
 (11) However, this section does not make the Crown liable to be prosecuted for an offence.
 (12) To avoid doubt, this section does not imply that the Crown is, or is not, bound by any other provision of this Act.

Review of decisions
 (13) The debtor or estate may apply to the Administrative Review Tribunal for review of a decision by the CEO to give a garnishee notice to a person under subsection (1).