Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS ACT 1948 - SECT 85A

             (1)  Where a judgment given by a court for the payment of a sum of money has not been fully satisfied by the judgment debtor and the judgment debtor is entitled to a pension or other benefit under this Act, the judgment creditor may serve on CSC a copy of the judgment, certified under the hand of the Registrar or other proper officer of the court by which the judgment was given, and a statutory declaration by the judgment creditor stating that the judgment has not been fully satisfied by the judgment debtor and specifying the amount due by the judgment debtor under the judgment.

             (2)  Where a copy of a judgment and a statutory declaration are served on CSC in accordance with subsection (1), CSC shall, as soon as practicable, by notice in writing given to the judgment debtor, inform him of the service of those documents and require him, within such period as is specified in the notice and in such manner as is so specified, to notify CSC whether the amount specified in the declaration is still due under the judgment and, if no amount or a lesser amount is due under the judgment, to furnish to CSC, in such manner as is specified in the notice, evidence in support of that fact.

             (3)  A person is guilty of an offence if:

                     (a)  the person is given a notice under subsection (2); and

                     (b)  the person does not comply with the requirements in the notice.

Maximum penalty: $40.

             (4)  If, at the expiration of the period specified in the notice, CSC is satisfied that an amount is due under the judgment, CSC may, in its discretion, deduct from the pension or benefit, and pay to the judgment creditor, such sums as do not exceed that amount or, in a case where a payment of pension or benefit becomes payable on or after 1 October 1972, CSC may, in its discretion, authorize the deduction from the pension or benefit, and the payment to the judgment creditor, of such sums as do not exceed that amount, and those deductions, and those payments, shall be made accordingly.

             (5)  A deduction shall not be made from:

                     (a)  an instalment of pension payable in respect of a child; or

                     (b)  an instalment of any other pension if the deduction will reduce the amount of the instalment payable to less than one-half of the amount that would, but for this section, be payable.

             (6)  If, after a copy of a judgment given against a pensioner or beneficiary, being a judgment in respect of which CSC is satisfied that an amount is due, has been served in accordance with subsection (1), a copy of another judgment given (whether before or after the first-mentioned judgment) against the same pensioner or beneficiary in favour of the person in whose favour the first-mentioned judgment was given or in favour of another person is served in accordance with that subsection, a payment shall not be made in pursuance of this section to the judgment creditor under the other judgment in respect of the amount due under that judgment until the amount due under the first-mentioned judgment has been paid.

             (7)  A payment made to a judgment creditor in pursuance of this section shall, as between the Board and the pensioner or beneficiary, be deemed to be a payment from the Fund to the pensioner or beneficiary and, in the case of a payment made to the judgment creditor in relation to a payment of pension or benefit that became payable on or after 1 October 1972, shall, as between the Commonwealth and the pensioner or beneficiary, be deemed to be a payment by the Commonwealth to the pensioner or beneficiary.

             (8)  A judgment creditor is guilty of an offence if:

                     (a)  the judgment creditor serves a copy of a judgment on CSC under subsection (1); and

                     (b)  the judgment creditor does not notify CSC immediately the judgment debt is satisfied.

Maximum penalty:

                     (c)  if the offender is a natural person--$100 or imprisonment for 3 months; or

                     (d)  if the offender is a body corporate--$500.

             (9)  If the amounts paid in pursuance of this section to a judgment creditor in respect of a judgment exceed, in the aggregate, the amount due under the judgment, the excess is repayable by the judgment creditor to the judgment debtor and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in any court of competent jurisdiction.