Document ID: chunk:federal_register_of_legislation:C2024C00813:section:72a:p1
Version: federal_register_of_legislation:C2024C00813
Segment Type: section
Provision Reference: s 72A (pt 1/2)
Character Range: 224228–226745

72A  Registrar may collect debts from a third person
 (1) The Registrar may give written notice to a person:
 (a) by whom money is due or accruing, or may become due, to a relevant debtor; or
 (b) who holds, or may subsequently hold, money for or on account of a relevant debtor; or
 (c) who holds, or may subsequently hold money on account of some other person for payment to a relevant debtor; or
 (d) who has authority from some other person to pay money to a relevant debtor;
requiring that person to pay to the Registrar:
 (e) if the amount of money is more than the maximum notified deduction total—an amount equal to the maximum notified deduction total; or
 (f) if the amount of money is equal to or less than the maximum notified deduction total—the amount of money; or
 (g) if the notice specifies an amount of money that is to be paid out of each payment that the notified person becomes liable, from time to time, to make to the debtor—that amount until the maximum notified deduction total is satisfied.
 (1A) A notice given under subsection (1) requires the notified person to continue to make payments in accordance with that subsection until the maximum notified deduction total is satisfied.
 (1B) For the purposes of subsection (1), maximum notified deduction total is an amount specified in a notice under that subsection that does not exceed the relevant debt of the relevant debtor to whom the notice relates.
 (2) A person who refuses or fails to comply with a notice under subsection (1) commits an offence.
Penalty: 10 penalty units.
 (2A) Subsection (2) does not apply if the person has a reasonable excuse.
 (2B) Subsection (2) is an offence of strict liability.
 (3) A notice:
 (a) must specify a day, not being a day before the money becomes due or is held, on or before which the money is to be paid; and
 (b) may be varied by the Registrar specifying a later day for making a payment under the notice.
 (4) Subsection 4K(1) of the Crimes Act 1914 does not apply in relation to anything required to be done under subsection (1).
 (5) If the Registrar gives a notice under subsection (1), the Registrar must provide a copy of the notice to the relevant debtor.
 (6) A notice is taken to be provided under subsection (5) if the Registrar sends the notice to the last address of the person known to the Registrar.
 (7) A notice is taken to have been given to the Commonwealth, a State or a Territory if it is served on a prescribed person.
 (8) If a person is convicted of an offence against