29Restriction on execution not to apply in relation to certain judgments or debts under hire‑purchase agreements

29 Restriction on execution not to apply in relation to certain judgments or debts under hire‑purchase agreements

(1) The last preceding section does not apply in relation to a judgment in respect of liability under, or in relation to a debt that arose under, a hire‑purchase agreement unless:

(a) the amount owing under the judgment or in respect of the debt exceeds:

(i) if one amount is prescribed for the purposes of this paragraph—that amount;

(ii) if different amounts are prescribed in relation to different classes of contracts or agreements to which judgments referred to in this paragraph relate or under which debts so referred to arose—the amount prescribed in relation to the class of contracts or agreements in which is included the contract or agreement to which the judgment relates or under which the debt arose; or

(iii) in any other case—Eighty dollars; or

(b) an order has been made by a court under this section declaring that the last preceding section applies in relation to that judgment or debt and a copy of the order has been registered in the Register of Orders in accordance with this section.

(2) Where the total of the amounts owing by a national serviceman or a female dependant of a national serviceman under judgments or in respect of debts referred to in subsection (2) of the last preceding section exceeds such amount as is prescribed or, if no amount is prescribed, Four hundred dollars, the national serviceman or female dependant may, within three months after the national serviceman commenced to render national service, apply to a prescribed court for an order declaring that the last preceding section applies in relation to those judgments or debts. (3) The provisions of the last preceding section relating to procedure and costs apply to applications under this section. (4) Where the court is satisfied:

(a) that the national serviceman or female dependant would suffer hardship if an order were not made under this section; and

(b) that, having regard to all the circumstances of the case, it is just and equitable that the national serviceman or female dependant should have the benefit of an order under this section;

the court shall make the order. (5) Where an order is made by the court under this section, the national serviceman, or female dependant of a national serviceman, on whose application the order was made shall furnish a copy of the order to the prescribed authority as soon as practicable after the order is made. (6) Upon receipt of a copy of an order made under this section, the prescribed authority shall forthwith cause it to be registered in a Register of Orders to be kept in the prescribed manner by the authority for the purposes of this section by entering in the Register such matters in relation to the order as are prescribed. (7) Upon application by any person, the prescribed authority shall, without requiring payment of any fee: