Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1230A

  (1)   If:

  (a)   a person (in this section called the garnishee debtor ) was given a notice under section   162 of the 1947 Act in respect of a debt due by another person (in this section called the original debtor ) under the 1947 Act; and

  (b)   the garnishee debtor failed to comply with the notice before 1   July 1991 to the extent that he or she was capable of complying with it;

then the amount of the debt outstanding (worked out under subsection   (2)) is recoverable from the garnishee debtor by the Commonwealth by means of:

  (c)   legal proceedings; or

  (d)   garnishee notice.

Note 1:   For legal proceedings see section   1232.

Note 2:   For garnishee notice see section   1233.

  (2)   The amount of the debt outstanding is the amount equal to:

  (a)   as much of the amount required by the notice under section   162 of the 1947 Act to be paid by the garnishee debtor as the garnishee debtor was able to pay; or

  (b)   as much of the debt due by the original debtor at the time when the notice was given as remains due from time to time;

whichever is the lesser.

  (3)   If the Commonwealth recovers:

  (a)   the whole or a part of the debt due by the garnishee debtor under subsection   (1); or

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

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   162 of the 1947 Act is to be taken to be reduced by the amount so recovered.

  (4)   A reference in subsection   (3) to the Commonwealth recovering the whole or a part of a debt includes a reference to the Commonwealth recovering, under the 1947 Act, the whole or a part of the debt.

  (5)   In this section:

"person" includes:

  (a)   the Commonwealth; and

  (b)   a State; and

  (c)   a Territory; and

  (d)   any authority of the Commonwealth, a State or Territory.