Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p6
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 6/48)
Character Range: 50920–53688

following paragraph:
     "(ca) the making of allotments of remuneration by members and the suspension, variation and cancellation of allotments of remuneration made by members;".

Sub-section 58b (3)—
Omit the sub-section, substitute the following sub-section:
"(3) A determination shall not be made providing for or in relation to the forfeiture or assignment of the whole or part of—
     (a) the remuneration of a member or cadet; or

SCHEDULE 1—continued

     (b) allowances or other pecuniary benefits referred to in paragraph (1) (b) or (c).".

Section 116za—
Omit "The Governor-General may make arrangements with the Governor of a State or the Administrator of a Territory", substitute "The Minister may make arrangements with a Minister of a State or Territory".

Before section 118—
Insert the following section in Part X:

Members and former members may bring actions for money due in respect of service
"117b. A person who is or has been a member of the Defence Force may recover from the Commonwealth, by action in a court of competent jurisdiction, money due to the person by the Commonwealth in respect of the person's service as a member of the Defence Force.".

Sub-section 120a (4)—
Omit "48, 48a, 50 and 50b", substitute "46, 48, 48a, 50, 50b and 123a".

Sub-sections 120a (4a) and (4b)—
Omit "section 50b", substitute "sections 50b and 123a".

After section 120a—
Insert the following section:

Attachment of salaries of members
"120b. (1) Where judgment has been given by a court against a member for the payment of a sum of money, the person in whose favour judgment was given (in this section referred to as the 'judgment creditor') may serve on a paying officer—
     (a) a copy of the judgment, certified under the hand of the Registrar or other appropriate officer of the court; and
     (b) a statutory declaration that—
         (i) states that the judgment has not been satisfied by the member; and
         (ii) sets out the amount then due by the member under the judgment.
"(2) The paying officer shall, as soon as practicable after service of the copy of the judgment and the statutory declaration, by notice in writing given to the member—
     (a) inform the member of the service on the paying officer of the copy of the judgment and the statutory declaration; and
     (b) require the member—
         (i) to inform the paying officer, in writing, within the time specified for the purpose in the notice, whether the judgment has been satisfied; and
         (ii) if—
             (a) the 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—