48Industry services body may collect money from a person who owes money to an entity

#### 48 Industry services body may collect money from a person who owes money to an entity What this clause does (1) This clause allows for the collection of money from a person who owes money to an entity that has a scheme debt. The DAA may give direction (2) The DAA may direct a person (the third party) who owes, or may later owe, money (the available money) to the entity to pay some or all of the available money to the industry services body in accordance with the direction. The DAA must give a copy of the direction to the entity. Limit on directions (3) The direction cannot require an amount to be paid to the industry services body at a time before it becomes owing by the third party to the entity. Third party to comply (4) The third party must comply with the direction. Penalty: 20 penalty units. > Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (5) The third party does not commit an offence against subclause (4) if the third party complies with the direction so far as the third party is able to do so. > Note: A defendant bears an evidential burden in relation to the matter in subclause (5). See subsection 13.3(3) of the Criminal Code. Court orders (6) If a person is convicted of an offence in relation to a refusal or failure of the third party to comply with subclause (4), the court may (in addition to imposing a penalty on the convicted person) order the convicted person to pay to the industry services body an amount up to the amount involved in the refusal or failure of the third party. Indemnity (7) Any payment made by the third party under this clause is taken to have been made with the authority of the entity and of all other persons concerned, and the third party is indemnified for the payment. Notice (8) If the whole of the scheme debt of the entity is discharged before any payment is made by the third party, the DAA must immediately give notice to the third party of that fact. (9) If a part of the scheme debt of the entity is discharged before any payment is made by the third party, the DAA must: (a) immediately give notice to the third party of that fact; and (b) make an appropriate variation to the direction; and (c) give a copy of the varied direction to the entity. When third party is taken to owe money (10) The third party is taken to owe money to the entity if: (a) money is due or accruing by the third party to the entity; or (b) the third party holds money for or on account of the entity; or (c) the third party holds money on account of some other person for payment to the entity; or (d) the third party has authority from some other person to pay money to the entity; whether or not the payment of the money to the entity is dependent on a pre‑condition that has not been fulfilled.