Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p8
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 8/48)
Character Range: 55879–58457

(c) an amount equal to the relevant amount shall also be deemed to have been paid by the member to the judgment creditor in relation to the judgment.
"(8) Upon payment being made to the judgment creditor pursuant to sub-section (5) or (6) of an amount (in this sub-section referred to as the 'relevant amount') in relation to an amount deducted pursuant to sub-section (3) from the salary payable to the member on a pay-day—
     (a) an amount equal to the relevant amount shall be deemed to have been paid by the Commonwealth to the member on account of the salary payable to the member on the pay-day; and
     (b) an amount equal to the relevant amount shall also be deemed to have been paid by the member to the judgment creditor in relation to the judgment.
"(9) When the judgment has been satisfied, the judgment creditor shall forthwith notify the paying officer accordingly.
Penalty: $500 or imprisonment for 3 months.
"(10) If the amounts deemed, by virtue of paragraphs (7) (c) and (8) (b), to have been paid by the member to the judgment creditor exceed, in the aggregate, the amount due under the judgment, the excess is repayable by the judgment creditor to the member, and, in default of repayment, may be recovered, by action in a court of competent jurisdiction, as a debt due by the judgment creditor to the member.
"(11) Where, in relation to an amount deducted pursuant to sub-section (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

SCHEDULE 1—continued

creditor, then, for the purposes of sub-section (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 sub-section, 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,