Document ID: chunk:federal_register_of_legislation:C2004C02964:section:34d:p1
Version: federal_register_of_legislation:C2004C02964
Segment Type: section
Provision Reference: s 34D (pt 1/5)
Character Range: 42413–45017

34D  Attachment of salaries of officers
 (1) Where judgment has been given by a court against an officer for the payment of a sum of money, the person in whose favour judgment was given (in this section called the "judgment creditor") may serve on the paying officer of the component of the Service in which the officer is employed:
 (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 officer; and
 (ii) sets out the amount due by the officer 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 officer:
 (a) inform the officer of the service on the paying officer of the copy of the judgment and the statutory declaration; and
 (b) require the officer:
 (i) to inform the paying officer, in writing, within such time as is specified in the notice, whether the judgment has been satisfied; and
 (ii) to furnish to the paying officer:
 (A) if the officer claims that the judgment has been satisfied‑evidence in support of the claim; or
 (B) if the officer admits that the judgment has not been satisfied‑a statement of the amount then due under the judgment.
 (3) If the officer:
 (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;
the paying officer shall, subject to subsection (12), cause to be deducted from the salary payable to the officer on each pay‑day in relation to the officer:
 (c) an amount equal to the normal deduction in relation to the officer in relation to the pay‑day; or
 (d) such lesser amount as is, in the opinion of the paying officer, sufficient to satisfy the amount then due under the judgment.
 (4) The paying officer shall, subject to subsection (6), cause an amount equal to each amount deducted under subsection (3) to be paid to the judgment creditor.
 (5) There is payable to the Commonwealth by the judgment creditor an administration fee, calculated at the prescribed rate, in respect of the making of deductions under subsection (3) in relation to the judgment debt.
 (6) Where an amount is deducted under subsection (3) and the whole or a part of the administration fee payable in respect of the making of deductions in relation to the judgment debt has not been paid by the judgment creditor, the paying officer shall:
 (a) apply, in