Tasmanian Government Officers' Salaries Attachment Act 1927 (TAS)

Tasmanian Government Officers' Salaries Attachment Act 1927

An Act to provide for the attachment of the salaries of Tasmanian Government Officers

[Royal Assent 2 December 1927]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Tasmanian Government Officers’ Salaries Attachment Act 1927 . 2Copy of judgment may be served on paying officer [Section 2 Amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 2 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Where judgment has been given by any court against any employee for the payment of any sum of money, the person in whose favour the judgment is given may serve on the paying officer of the State Service Agency in which the employee is employed a copy of the judgment, certified under the hand of the registrar or other proper officer of the court in which the judgment is entered, and a statutory declaration stating that the judgment has not been satisfied by the judgment debtor, and setting out the amount due by the judgment debtor under the judgment. 3Paying officer to notify debtorUpon the service upon him of a copy of a judgment and a statutory declaration in pursuance of this Act, the paying officer shall, as soon as practicable, notify the judgment debtor in writing of the service of the copy judgment and statutory declaration, and require him to state in writing, within a time to be specified by the paying officer, whether the judgment has been satisfied, and, if so, to furnish evidence in support thereof, and, if the judgment has not been satisfied, to state the amount then due under the judgment. 4Power of paying officer to deduct certain moneys [Section 4 Amended by No. 29 of 1984, s. 3 and Sched. 1 ]If the employee fails to prove to the satisfaction of the paying officer, within the time specified by the paying officer, that the judgment has been satisfied, the paying officer shall deduct from any moneys due to the employee such sums as are in his opinion necessary to enable the judgment to be satisfied, and shall pay those sums to the judgment creditor: Provided that in no case shall a deduction be made which will reduce the amount to be received by the officer to less than two pounds per week, or to less than one-third of the amount which would, but for the provisions of this section, be payable to the employee. 5Judgments to be satisfied in priorityWhere more than one judgment and statutory declaration are served upon a paying officer in respect of one judgment debtor, the judgments shall be satisfied in the order in which copies of the judgments are served upon the paying officer. 6Payment to judgment creditor to be deemed made to officer [Section 6 Amended by No. 29 of 1984, s. 3 and Sched. 1 ]A payment made to a judgment creditor in pursuance of this Act shall, as between the Tasmanian Government and the employee, be deemed to be a payment by the Tasmanian Government to the employee. 7Paying officer to be notified of payments made [Section 7 Amended by No. 55 of 1965, s. 5 ][Section 7 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person to whom any payment has been made in pursuance of this Act shall notify the paying officer immediately a judgment debt in respect of which the payment was made is satisfied.

Penalty:  Fine not exceeding 5 penalty units or imprisonment for a term not exceeding three months.

8Provision for recovery in case of excess paymentsIf any payment made in pursuance of this Act exceeds the amount due under the judgment, the excess shall be repayable by the judgment creditor to the judgment debtor, and, in default of payment, may be recovered by the judgment debtor from the judgment creditor in any court of competent jurisdiction. 9Act not to apply to debtor's estate if sequestrated [Section 9 Amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 9 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The foregoing provisions of this Act shall not apply in relation to any employee whose estate the paying officer is satisfied has been sequestrated either voluntarily or compulsorily for the benefit of his creditors, and who has not yet obtained a certificate of discharge. 10Definition of "paying officer" [Section 10 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 10 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] In this Act, the paying officer means the employee employed in the State Service Agency who pays to the employee, in relation to whom the expression is used, the salary or wages due to him by reason of his employment in the State Service. 11Definition of "employee" [Section 11 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 11 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] In this Act, employee means a State Service officer or State Service employee.