Justice Legislation Amendment Act (No 2) 2017 (NSW)

An Act to amend various legislation relating to courts and crimes and other related matters.

1Name of Act

This Act is the Justice Legislation Amendment Act (No 2) 2017.

2Commencement(1)

This Act commences on the date of assent to this Act, except as provided by this section.

(2)

Schedules 1.2 [2] and [3], 1.3 [4]–[6], 1.6 [1] and [7]–[13], 1.10 and 1.17 [2] commence on a day or days to be appointed by proclamation.

(3)

Schedule 1.3 [1] commences 3 months after the date of assent to this Act, unless commenced sooner by proclamation.

Schedule 1Amendment of legislation

(Repealed)

Civil Procedure Act 2005 No 28[1]–[3]

(Repealed)

[4]Section 118A

Insert after section 118:

118AMinimum account balance of judgment debtor(1)

The amounts attached under one or more garnishee orders must not, in total, reduce the amount of the aggregate debt that is due and accruing from the garnishee to the judgment debtor to less than $447.70.

(2)

The amount of $447.70 referred to in subsection (1) is taken to be an adjustable amount for the purposes of Division 6 of Part 3 of the Workers Compensation Act 1987.

[5]Section 124A

Insert after section 124:

124AVariation, suspension or repayment of payments under garnishee orders

The court may, at any time on the application by a judgment debtor, vary or suspend the making of payments by the judgment debtor under a garnishee order, or order the total amount paid by the judgment debtor under the garnishee order to be repaid, if the court is satisfied that it is appropriate to do so.

[6]

(Repealed)

(Repealed)