Document ID: chunk:federal_register_of_legislation:C2022C00288:section:85a:p2
Version: federal_register_of_legislation:C2022C00288
Segment Type: section
Provision Reference: s 85A (pt 2/2)
Character Range: 215936–217937

section, be payable.
 (6) If, after a copy of a judgment given against a pensioner or beneficiary, being a judgment in respect of which CSC is satisfied that an amount is due, has been served in accordance with subsection (1), a copy of another judgment given (whether before or after the first‑mentioned judgment) against the same pensioner or beneficiary in favour of the person in whose favour the first‑mentioned judgment was given or in favour of another person is served in accordance with that subsection, a payment shall not be made in pursuance of this section to the judgment creditor under the other judgment in respect of the amount due under that judgment until the amount due under the first‑mentioned judgment has been paid.
 (7) A payment made to a judgment creditor in pursuance of this section shall, as between the Board and the pensioner or beneficiary, be deemed to be a payment from the Fund to the pensioner or beneficiary and, in the case of a payment made to the judgment creditor in relation to a payment of pension or benefit that became payable on or after 1 October 1972, shall, as between the Commonwealth and the pensioner or beneficiary, be deemed to be a payment by the Commonwealth to the pensioner or beneficiary.
 (8) A judgment creditor commits an offence if:
 (a) the judgment creditor serves a copy of a judgment on CSC under subsection (1); and
 (b) the judgment creditor does not notify CSC immediately the judgment debt is satisfied.
Penalty:
 (a) if the offender is a natural person—imprisonment for 3 months or 1 penalty unit; or
 (b) if the offender is a body corporate—5 penalty units.
 (9) If the amounts paid in pursuance of this section to a judgment creditor in respect of a judgment exceed, in the aggregate, the amount due under the judgment, the excess is repayable by the judgment creditor to the judgment debtor and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in any court of competent jurisdiction.