Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 265

Debt from failure to comply with garnishee notice

  (1)   If a person ( garnishee debtor ):

  (a)   is given a notice under section   264 in respect of a debt; and

  (b)   fails to comply with the notice to the extent that the garnishee debtor is capable of complying with it;

then the amount of the debt outstanding is recoverable from the garnishee debtor by the Commonwealth by:

  (c)   legal proceedings in a court of competent jurisdiction; or

  (d)   a garnishee notice under section   264.

  (2)   The reference in subsection   (1) to the amount of the debt outstanding is a reference to whichever is the lesser of:

  (a)   as much of the amount required by the notice under section   264 to be paid by the garnishee debtor as the garnishee debtor was able to pay; or

  (b)   as much of the debt due at the time when the notice was given as remains due from time to time.

  (3)   If the Commonwealth recovers:

  (a)   the whole or a part of the debt due by the garnishee debtor; or

  (b)   the whole or a part of the debt due by the debtor (within the meaning of section   264);

then:

  (c)   both debts are reduced by the amount that the Commonwealth has so recovered; and

  (d)   the amount specified in the notice under section   264 is taken to be reduced by the amount so recovered.


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