129Authority to make deductions

129  Authority to make deductions

 (1) A paying officer may make deductions from a debtor’s salary to satisfy a judgment debt only if:

 (a) the paying officer has received a statutory declaration, made by the judgment creditor, that the judgment debt exists and has not been discharged; and

 (b) the paying officer has received a copy of the judgment to which the judgment debt relates, certified by the Registrar or other appropriate officer of the relevant court; and

 (c) the paying officer has received the fee (if any) required under section 130; and

 (d) the paying officer has given the debtor a notice in accordance with subsection (2); and

 (e) the debtor does not, within the time specified in the notice given under subsection (2), satisfy the paying officer that the judgment debt has been satisfied.

Note: Section 131 deals with cases where there are 2 or more judgment debts against a debtor.

 (2) The paying officer must:

 (a) notify the debtor, as soon as practicable after receiving the documents mentioned in paragraphs (1)(a) and (b) and the fee (if any) referred to in paragraph (1)(c), that it is proposed to make the deductions to satisfy a judgment debt; and

 (b) require the debtor to state, in writing, by a time specified in the notice, whether the judgment debt has been satisfied; and

 (c) either:

 (i) if the judgment debt has been satisfied—require the debtor to give the paying officer evidence, in writing by the time specified in the notice, to support that fact; or

 (ii) if the judgment debt has not been satisfied—require the debtor to include in the statement referred to in paragraph (b) the amount due under the judgment at the time the statement is made.

 (3) If the debtor does not give the paying officer evidence that the judgment debt has been satisfied by the time specified in the notice under subsection (2), the paying officer must deduct from the debtor’s salary on each pay day for the debtor an amount equal to:

 (a) the deduction required under section 133; or

 (b) a lesser amount that, in the paying officer’s opinion, is needed to satisfy the balance of the judgment debt.

 (4) After making the first deduction, the paying officer is authorised to continue to make deductions only if the paying officer has no reason to believe that the judgment debt has been discharged.

 (5) The paying officer must ensure that the amount of each deduction is paid to the judgment creditor.