Document ID: chunk:federal_register_of_legislation:C2004C02964:section:34d:p2
Version: federal_register_of_legislation:C2004C02964
Segment Type: section
Provision Reference: s 34D (pt 2/5)
Character Range: 44799–47320

(3) and the whole or a part of the administration fee payable in respect of the making of deductions in relation to the judgment debt has not been paid by the judgment creditor, the paying officer shall:
 (a) apply, in or towards payment of the administration fee or the part of the administration fee that remains unpaid, the amount of the deduction or so much of the amount of the deduction as is equal to the administration fee or that part of the administration fee; and
 (b) if the whole of the amount of the deduction is not applied in accordance with paragraph (a), pay an amount equal to the balance to the judgment creditor.
 (7) Where an amount (in this subsection called "the relevant amount"), being the whole or a part of an amount deducted under subsection (3) from the salary of the officer on a pay‑day, is applied in accordance with subsection (6) in or towards payment of the dministration fee payable by the judgment creditor:
 (a) the judgment creditor shall be deemed to have paid the relevant amount to the Commonwealth in satisfaction or partial satisfaction, as the case requires, of the administration fee;
 (b) an amount equal to the relevant amount shall be deemed to have been paid by the Commonwealth to the officer on account of the salary of the officer on that pay‑day; and
 (c) an amount equal to the relevant amount shall also be deemed to have been paid by the officer to the judgment creditor in respect of the judgment debt.
 (8) Upon payment being made to the judgment creditor under subsection (4) or (6) of an amount (in this subsection called the "relevant amount") that is equal to the whole or a part of the amount deducted under subsection (3) from the salary of the officer on a pay‑day:
 (a) an amount equal to the relevant amount shall be deemed to have been paid by the Commonwealth to the officer on account of the salary of the officer on that pay‑day; and
 (b) an amount equal to the relevant amount shall also be deemed to have been paid by the officer to the judgment creditor in respect of the judgment debt.
 (9) If the amounts deemed, by virtue of paragraphs (7)(c) and (8)(b), to have been paid by the officer to the judgment creditor exceed, in the aggregate, the amount due under the judgment, the excess is repayable by the judgment creditor to the officer, 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 officer.
 (10) When the judgment debt has been satisfied, the