Document ID: chunk:federal_register_of_legislation:C2025C00176:section:120b:p2
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 120B (pt 2/4)
Character Range: 412911–415474

not been paid by the judgment creditor, the paying officer shall:
 (a) apply, in or towards payment of the administration fee, the amount of the deduction or so much of the amount of the deduction as is equal to 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) Upon the application under subsection (6) of an amount (in this subsection referred to as the relevant amount) in or towards payment of the administration fee payable in respect of an amount deducted pursuant to subsection (3) from the salary payable to the member on a pay‑day:
 (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 member on account of the salary payable to the member on the pay‑day; and
 (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 subsection (5) or (6) of an amount (in this subsection referred to as the relevant amount) in relation to an amount deducted pursuant to subsection (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: Imprisonment for 3 months or 5 penalty units.
 (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 subsection (3) from the salary payable to the member on a pay‑day, an amount is, by virtue of paragraph (7)(c), deemed to have