Document ID: chunk:federal_register_of_legislation:C2024C00582:section:186
Version: federal_register_of_legislation:C2024C00582
Segment Type: section
Provision Reference: s 186
Character Range: 293579–294734

186  Garnishee notices—debt for failure to comply with notice
 (1) This section applies if a garnishee fails to comply with the garnishee notice to the extent that the garnishee is capable of complying with it.
 (2) The amount of the debt outstanding (worked out under subsection (3)) is a debt due to the Commonwealth by the garnishee.
 (3) The amount of the debt outstanding is the amount equal to the lesser of the following amounts:
 (a) as much of the amount required by the garnishee notice to be paid by the garnishee as the garnishee was able to pay;
 (b) as much of the debt due by the original debtor when the notice was given as remains due from time to time.
 (4) If the Commonwealth recovers the whole or part of the debt due by the garnishee under subsection (2), or by the original debtor, then:
 (a) both debts are reduced by the amount that the Commonwealth has so recovered; and
 (b) the amount of the unpaid debt stated in the garnishee notice is taken to be reduced by the amount so recovered.
 (5) This section applies to an amount despite any law of a State or a Territory (however expressed) under which the amount is inalienable.