Document ID: chunk:federal_register_of_legislation:C2024C00800:section:265
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 265
Character Range: 883030–884278

265  Debt from failure to comply with garnishee notice
 (1) If a person (garnishee debtor):
 (a) is given a notice under section 264 in respect of a debt; and
 (b) fails to comply with the notice to the extent that the garnishee debtor is capable of complying with it;
then the amount of the debt outstanding is recoverable from the garnishee debtor by the Commonwealth by:
 (c) legal proceedings in a court of competent jurisdiction; or
 (d) a garnishee notice under section 264.
 (2) The reference in subsection (1) to the amount of the debt outstanding is a reference to whichever is the lesser of:
 (a) as much of the amount required by the notice under section 264 to be paid by the garnishee debtor as the garnishee debtor was able to pay; or
 (b) as much of the debt due at the time when the notice was given as remains due from time to time.
 (3) If the Commonwealth recovers:
 (a) the whole or a part of the debt due by the garnishee debtor; or
 (b) the whole or a part of the debt due by the debtor (within the meaning of section 264);
then:
 (c) both debts are reduced by the amount that the Commonwealth has so recovered; and
 (d) the amount specified in the notice under section 264 is taken to be reduced by the amount so recovered.