sec.87Collection of amounts from a garnishee

sec.87 Collection of amounts from a garnishee

This section applies if— under section 85 , a debt is payable by an applicant to the commissioner; and the commissioner reasonably believes a person (the garnishee )— holds or may receive an amount for or on account of the applicant; or is liable or may become liable to pay an amount to the applicant; or is authorised to pay an amount to the applicant. Subsection (1) (b) applies even if the applicant’s entitlement to the amount may be subject to conditions that have not been satisfied. The commissioner may give a notice (the garnishee notice ) to the garnishee requiring the garnishee to pay a stated amount (the garnishee amount ) to the commissioner by a stated day. Without limiting subsection (3) , the garnishee notice may require the garnishee to pay the commissioner an amount out of each payment the garnishee is liable, or from time to time becomes liable, to make to the applicant. However, subsection (6) applies if, on the day for payment under the garnishee notice, the garnishee amount is not held for, or is not liable to be paid to, the applicant by the garnishee. The garnishee notice has effect as if the day for payment were immediately after the day the amount is held for, or is liable to be paid to, the applicant by the garnishee. The garnishee amount must not be more than the applicant’s debt. The garnishee must comply with the garnishee notice unless the garnishee has a reasonable excuse. Maximum penalty—40 penalty units. The commissioner must give the applicant— a copy of the garnishee notice; and details in writing of the debt to which the notice relates. (sec.87-ssec.1) This section applies if— under section 85 , a debt is payable by an applicant to the commissioner; and the commissioner reasonably believes a person (the garnishee )— holds or may receive an amount for or on account of the applicant; or is liable or may become liable to pay an amount to the applicant; or is authorised to pay an amount to the applicant. (sec.87-ssec.2) Subsection (1) (b) applies even if the applicant’s entitlement to the amount may be subject to conditions that have not been satisfied. (sec.87-ssec.3) The commissioner may give a notice (the garnishee notice ) to the garnishee requiring the garnishee to pay a stated amount (the garnishee amount ) to the commissioner by a stated day. (sec.87-ssec.4) Without limiting subsection (3) , the garnishee notice may require the garnishee to pay the commissioner an amount out of each payment the garnishee is liable, or from time to time becomes liable, to make to the applicant. (sec.87-ssec.5) However, subsection (6) applies if, on the day for payment under the garnishee notice, the garnishee amount is not held for, or is not liable to be paid to, the applicant by the garnishee. (sec.87-ssec.6) The garnishee notice has effect as if the day for payment were immediately after the day the amount is held for, or is liable to be paid to, the applicant by the garnishee. (sec.87-ssec.7) The garnishee amount must not be more than the applicant’s debt. (sec.87-ssec.8) The garnishee must comply with the garnishee notice unless the garnishee has a reasonable excuse. Maximum penalty—40 penalty units. (sec.87-ssec.9) The commissioner must give the applicant— a copy of the garnishee notice; and details in writing of the debt to which the notice relates.