Document ID: chunk:federal_register_of_legislation:C2025C00176:section:120b:p1
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 120B (pt 1/4)
Character Range: 410554–413126

120B  Attachment of salaries of members
 (1) Where judgment has been given by a court against a member for the payment of a sum of money, the person in whose favour judgment was given (in this section referred to as the judgment creditor) may serve on a paying officer:
 (a) a copy of the judgment, certified under the hand of the Registrar or other appropriate officer of the court; and
 (b) a statutory declaration that:
 (i) states that the judgment has not been satisfied by the member; and
 (ii) sets out the amount then due by the member under the judgment.
 (2) The paying officer shall, as soon as practicable after service of the copy of the judgment and the statutory declaration, by notice in writing given to the member:
 (a) inform the member of the service on the paying officer of the copy of the judgment and the statutory declaration; and
 (b) require the member:
 (i) to inform the paying officer, in writing, within the time specified for the purpose in the notice, whether the judgment has been satisfied; and
 (ii) if:
 (A) the member claims the judgment has been satisfied, to furnish evidence in support of the claim; or
 (B) the member admits that the judgment has not been satisfied, to state the amount then due under the judgment.
 (3) If the member:
 (a) fails, within the time specified for the purpose in the notice, to satisfy the paying officer that the judgment has been satisfied; or
 (b) admits that the judgment has not been satisfied;
the paying officer shall, subject to subsection (13), in relation to each pay‑day of the member, cause to be deducted from the salary payable to the member on the pay‑day an amount equal to the normal deduction in relation to the member in relation to the pay‑day or such lesser amount as is, in the opinion of the paying officer, sufficient to satisfy the amount then due under the judgment.
 (4) There is payable to the Commonwealth, by the judgment creditor, an administration fee, at the prescribed rate, in respect of each amount deducted pursuant to subsection (3).
 (5) The paying officer shall, subject to subsection (6), cause an amount equal to each amount deducted pursuant to subsection (3) to be paid to the judgment creditor.
 (6) Where an amount is deducted pursuant to subsection (3) and the whole or part of the administration fee payable in respect of the amount has not been paid by the judgment creditor, the paying officer shall:
 (a) apply, in or towards payment of the administration fee, the amount of the deduction or so much of the amount of the deduction as is equal to the