Document ID: chunk:federal_register_of_legislation:F2018L01121:reg:21
Version: federal_register_of_legislation:F2018L01121
Segment Type: reg
Provision Reference: reg 21
Character Range: 26019–28157

21  Authority to make deductions
 (1) Deductions from a debtor's salary to satisfy a judgment debt may be started only if:
 (a) the paying officer for the debtor has received:
 (i) a statutory declaration, made by a judgment creditor for the debtor, that the judgment debt exists and has not been discharged; and
 (ii)  a copy of the judgment to which the judgment debt relates, certified by the Registrar or other appropriate officer of the relevant court; and
 (b) the paying officer has given the debtor a notice in accordance with subsection (2); and
 (c) the debtor does not, within the time specified in the notice, satisfy the paying officer that the judgment debt has been satisfied.
Note: For cases where there is more than one judgment debt against a debtor, see section 22.
 (2) The paying officer for the debtor must:
 (a) notify the debtor, in writing, as soon as practicable after being satisfied that the requirement mentioned in paragraph (1)(a) is met, that it is proposed to make deductions from the debtor's salary; and
 (b) require the debtor to state, in writing, by a time specified in the notice, whether the judgment debt has been satisfied and:
 (i) if the judgment debt has been satisfied—to give the paying officer evidence in support of that fact; and
 (ii) if the judgment debt has not been satisfied—to state, in writing, the amount due under the judgment at the time the statement is made.
 (3) If the debtor does not give the paying officer evidence that the judgment debt has been satisfied by the time specified in the notice, the paying officer must deduct from the debtor's salary on each pay day for the debtor an amount equal to:
 (a) the deduction required under section 24; or
 (b) a lesser amount that, in the paying officer's opinion, is needed to satisfy the balance of the judgment debt.
 (4) After making the first deduction, the paying officer may continue to make deductions only if the paying officer has no reason to believe that the judgment debt has been discharged.
 (5) The paying officer must ensure that the amount of each deduction is paid to the judgment creditor for the debtor.