Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p7
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 7/48)
Character Range: 53448–56106

member claims the judgment has been satisfied, to furnish evidence in support of the claim; or
             (b) the member admits that the judgment has not been satisfied, to state the amount then due under the judgment.
"(3) If the member—
     (a) fails, within the time specified for the purpose in the notice, to satisfy the paying officer that the judgment has been satisfied; or
     (b) admits that the judgment has not been satisfied,

SCHEDULE 1—continued

the paying officer shall, subject to sub-section (13), in relation to each pay-day of the member, cause to be deducted from the salary payable to the member on the pay-day an amount equal to the normal deduction in relation to the member in relation to the pay-day or such lesser amount as is, in the opinion of the paying officer, sufficient to satisfy the amount then due under the judgment.
"(4) There is payable to the Commonwealth, by the judgment creditor, an administration fee, at the prescribed rate, in respect of each amount deducted pursuant to sub-section (3).
"(5) The paying officer shall, subject to sub-section (6), cause an amount equal to each amount deducted pursuant to sub-section (3) to be paid to the judgment creditor.
"(6) Where an amount is deducted pursuant to sub-section (3) and the whole or part of the administration fee payable in respect of the amount has 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 sub-section (6) of an amount (in this sub-section referred to as the 'relevant amount') in or towards payment of the administration fee payable in respect of an amount deducted pursuant to sub-section (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 sub-section