Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p91
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 231005–233782

withdrawn from the account during the 4-week period referred to in paragraph (1)(c): the result is the saved amount.

"(3) This section applies to an account whether it is maintained by a person:

SCHEDULE 21—continued

(a) alone; or

(b) jointly with another person; or

(c) in common with another person.

Note: A person affected by a garnishee order may have other saved amounts.".

14. After Division 12 of Part 2.13A:

Insert:

"Division 13—Protection of education entry payment

Education entry payment to be absolutely inalienable

"665ZY.(1) Subject to subsections (2) and (3) and section 1359, an education entry payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

"(2) The Secretary may make a deduction from an education entry payment payable to a person if the person asks the Secretary:

(a) to make the deduction; and

(b) to pay the amount to be deducted to the Commissioner of Taxation.

   Note: The Secretary must make a deduction from a person's education entry payment if requested by the Commissioner of Taxation (see section 1359).

"(3) The Secretary may make a deduction from a person's education entry payment if the person consents under section 1234A to the Secretary making that deduction.

   Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.

Effect of garnishee or attachment order

"665ZZ.(1) If:

(a) a person has an account with a financial institution; and

(b) a court order in the nature of a garnishee order comes into force in respect of the account; and

   (c) an education entry payment payable to the person (whether on the person's own behalf or not) has been paid to the credit of the account during the 4-week period immediately before the court order came into force;

the court order does not apply to the saved amount (if any) in the account.

"(2) The saved amount is worked out as follows:

SCHEDULE 21—continued

Method statement

    Step 1. Work out the amount of education entry payment paid to the credit of the account as mentioned in paragraph (1)(c).

    Step 2. Subtract from that amount the total amount withdrawn from the account during the 4-week period referred to in paragraph (1)(c): the result is the saved amount.

"(3) This section applies to an account whether it is maintained by a person:

   (a) alone; or

   (b) jointly with another person; or

   (c) in common with another person.

Note: A person affected by a garnishee order may have other saved amounts.".

15. Subsection 870(1):

After "family payment" insert "or a family payment advance".

16. Subsections 870(2) and (3):

After "family payment" insert