Queensland Consolidated Acts Queensland Consolidated Acts(1) Where, pursuant to the foregoing provisions of this Act, a judgment of any court for the payment of money by an assisted student shall have been obtained, the chief executive may, notwithstanding anything contained in any other Act or law or rule or practice of law, serve upon any third person a copy of that judgment together with a notice in writing specified in subsection (2).
(2) The aforementioned notice shall set out the amount due under the judgment and shall require the person to whom it is directed to pay to the chief executive so much as is specified in the notice of all or any debts or moneys then due or that may thereafter become due or accrue from that third person to the assisted student in question.
(2A) The amount specified in the notice may be increased by an amount equal to the appropriate amount for any GST payable in relation to reassignment of debt or money due or accruing from the third person to the assisted student.
(3) Any third person as aforesaid shall at any time and from time to time when any debt or money is or becomes due or payable by the person to the assisted student in question, pay forthwith to the chief executive so much of that debt or money as is specified in the notice served under this section and, until duly paid, any and every amount so payable shall be a debt due to Her Majesty from the third person in question and be recoverable either by the Crown pursuant to the provisions of the Crown Proceedings Act 1980 or by the chief executive in the chief executive's official name pursuant to the provisions of this Act.
(3A) However--
(a) the third person shall be deemed to have complied in full with the notice when the person shall have made payments aggregating the amount specified in the notice or when the judgment is satisfied in another way, whichever event first happens; and
(b) the notice shall not be effective so as to require the third person to pay to the Crown any amount of wages within the meaning of the Wages Attachment Act 1936 which is exempted by that Act from being attached or charged by order of a court.
Editor's note--
The Wages Attachment Act 1936 has been repealed by 1995 No. 58 section 5(1) schedule 7.
(4) Any person making any payment in pursuance of this section shall be deemed to have been acting under the authority of the person who failed to comply with the judgment to which the notice requiring him or her to make such payment relates and of all other persons concerned, and is hereby indemnified in respect of such payment.
(5) This section shall apply so as not to prejudice any other mode of executing a judgment as referred to in this section.