Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p47
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 114636–117326

sub-section (3) or (14), as the case requires, would cause severe hardship to that officer, he may deduct a lesser amount.
"(16) If, under sub-section (13), more than one judgment and statutory declaration are forwarded to the Paying Officer of a Department in respect of the one officer, 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 sub-section (9), they shall be treated as if they had been served upon the first-mentioned Paying Officer in that order.
"(17) The foregoing provisions of this section shall not apply in relation to any officer whose estate the Paying Officer is satisfied has been sequestrated either voluntarily or compulsorily for the benefit of his creditors, and who has not yet obtained a certificate of discharge.

"(18) In this section, unless the contrary intention appears—
     'net salary', in relation to an officer and to a pay-day, means the amount of salary becoming payable by the Commonwealth to the officer on the pay-day after deduction from that salary of—
         (a) any sum deducted from that salary under Division 2 of Part VI of the Income Tax Assessment Act 1936;
         (b) any sum deducted from that salary under Part IV of the Superannuation Act 1976; and
         (c) any other sum deducted from that salary for a prescribed purpose;
     'normal deduction', in relation to an officer and to a pay-day, means an amount equal to 20% of the net salary of the officer in respect of that pay-day or such greater amount as the officer has, by instrument in writing delivered to his Paying Officer, specified as the normal deduction for the purposes of this section;
     'officer' includes employee;
     'pay-day' means a day on which salary becomes payable to an officer;
     'Paying Officer', in relation to a Department, means such officer as the Chief Officer of that Department appoints as Paying Officer for the purposes of this section;
     'salary', in relation to an officer, means any moneys payable by the Commonwealth to the officer by way of salary or wages, and includes any moneys payable by the Commonwealth to the officer by way of an allowance that is a prescribed allowance for the purposes of this section but does not include any moneys payable to the officer by way of a weekly payment of compensation under the Compensation (Commonwealth Government Employees) Act 1971".
(2) Where, for the purposes of section 64 of the Principal Act as in force at any time before the date of commencement of this section, a person has done, or omitted to do, any act or thing, that person shall, in