Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:1_585a
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 1 cl 585A
Character Range: 88917–90113

585A  Effect of garnishee or attachment order

Court order not to apply to saved amount
 (1) If:
 (a) a person has an account with a financial institution; and
 (b) instalments of austudy payment payable to the person are being paid (whether on the person's own behalf or not) to the credit of that account; and
 (c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.

Method of working out saved amount
 (2) The saved amount is worked out as follows:

      Method statement
           Step 1. Work out the total amount of austudy payment payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.
           Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.

Single, joint or common account
 (3) This section applies to an account whether it is maintained by a person:
 (a) alone; or
 (b) jointly with another person; or
 (c) in common with another person.

Division 8—Obligations of recipients