Document ID: chunk:federal_register_of_legislation:C2004C02964:section:34d:p4
Version: federal_register_of_legislation:C2004C02964
Segment Type: section
Provision Reference: s 34D (pt 4/5)
Character Range: 49511–52102

the judgment had expired before the documents were so forwarded and the officer had failed, within that time, to satisfy the paying officer concerned at that time that the judgment debt had been satisfied:
 (i) the relevant paying officer shall, subject to subsection (14), cause to be deducted from the salary payable to the officer on each pay‑day in relation to the officer an amount equal to the normal deduction in respect of the officer and the pay‑day or such lesser amount as is, in the opinion of the relevant paying officer, sufficient to satisfy the balance of the judgment debt; and
 (ii) subsections (4), (5), (6), (7) and (8) apply to those deductions in the same manner as they apply to deductions made in accordance with subsection (3); or
 (b) in any other case‑subsections (3), (4), (5), (6), (7) and (8) apply as if the copy of the judgment and the statutory declaration concerned had been served on the relevant paying officer and any notice given to the officer in relation to that judgment under subsection (2) had been given by the relevant paying officer.
 (14) If, under subsection (12), copies of 2 or more judgments given against an officer are, together with the relevant statutory declarations, forwarded to the paying officer of a component of the Service, the paying officer forwarding them shall indicate to the paying officer to whom they are forwarded the order in which they were served under this section, and, for the purposes of subsection (9), they shall be treated as if they had been served upon the first‑mentioned paying officer in that order.
 (15) 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 officer on a pay‑day would cause severe hardship to the officer, the paying officer may deduct a lesser amount in relation to the pay‑day.
 (16) Subsections (1) to (15) (inclusive) do not apply to an officer:
 (a) who is a bankrupt; or
 (b) in relation to whom a deed of assignment, a deed of arrangement or a composition is in force under the Bankruptcy Act 1966.
 (17) In this section, unless the contrary intention appears:
judgment does not include an order made under the Family Law Act 1975;
net salary, in relation to an officer and to a pay‑day, means the amount of salary payable by the Commonwealth to the officer on the pay‑day after deductions have been made from his or her salary:
 (a) under Division 2 of Part VI of the Income Tax Assessment Act 1936;
 (b) under Part IV of the Superannuation Act 1976; and