sec.49ACollection of amounts from a garnishee

sec.49A Collection of amounts from a garnishee

This section applies if— under section 48 , a debt is payable by an applicant or former 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 former applicant; or is liable or may become liable to pay an amount to the applicant or former applicant; or has authority to pay an amount to the applicant or former applicant. Subsection (1) (b) applies even though the applicant or former applicant’s entitlement to the amount may be subject to unfulfilled conditions. The commissioner may, by written notice given to the garnishee (the garnishee notice ), require the garnishee to pay a stated amount (the garnishee amount ) to the commissioner by a stated date. Without limiting subsection (3) , the garnishee notice may require the garnishee to pay to the commissioner an amount out of each payment the garnishee is liable, or from time to time becomes liable, to make to the applicant or former applicant. However, subsection (6) applies if, on the date for payment under the garnishee notice, the garnishee amount is not held for, or is not liable to be paid to, the applicant or former applicant by the garnishee. The garnishee notice has effect as if the date for payment were immediately after the date the amount is held for, or is liable to be paid to, the applicant or former applicant by the garnishee. The garnishee amount must not be more than the applicant’s or former 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 to the applicant or former applicant— a copy of the garnishee notice; and details in writing of the applicant’s or former applicant’s debt to which the notice relates. s 49A ins 2010 No. 11 s 71 (sec.49A-ssec.1) This section applies if— under section 48 , a debt is payable by an applicant or former 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 former applicant; or is liable or may become liable to pay an amount to the applicant or former applicant; or has authority to pay an amount to the applicant or former applicant. (sec.49A-ssec.2) Subsection (1) (b) applies even though the applicant or former applicant’s entitlement to the amount may be subject to unfulfilled conditions. (sec.49A-ssec.3) The commissioner may, by written notice given to the garnishee (the garnishee notice ), require the garnishee to pay a stated amount (the garnishee amount ) to the commissioner by a stated date. (sec.49A-ssec.4) Without limiting subsection (3) , the garnishee notice may require the garnishee to pay to the commissioner an amount out of each payment the garnishee is liable, or from time to time becomes liable, to make to the applicant or former applicant. (sec.49A-ssec.5) However, subsection (6) applies if, on the date for payment under the garnishee notice, the garnishee amount is not held for, or is not liable to be paid to, the applicant or former applicant by the garnishee. (sec.49A-ssec.6) The garnishee notice has effect as if the date for payment were immediately after the date the amount is held for, or is liable to be paid to, the applicant or former applicant by the garnishee. (sec.49A-ssec.7) The garnishee amount must not be more than the applicant’s or former applicant’s debt. (sec.49A-ssec.8) The garnishee must comply with the garnishee notice unless the garnishee has a reasonable excuse. Maximum penalty—40 penalty units. (sec.49A-ssec.9) The commissioner must give to the applicant or former applicant— a copy of the garnishee notice; and details in writing of the applicant’s or former applicant’s debt to which the notice relates.