War Service Homes (Staff) Regulations (Amendment) (Cth)

STATUTORY RULES.

1932. No. 76.

REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1932.

I, THE GOVERNOR GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the War Service HomesAct 1918-1932, to come into operation forthwith.

Dated this twenty-third day of July, 1932.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

JOS. FRANCIS

for Minister administering War Service Homes.

 

Amendment of War Service Homes (Staff) Regulations 1923.

(Statutory Rules 1923, No. 141, as amended to this date.)

The War Service Homes (Staff) Regulations 1923 are amended by adding at the end thereof the following regulations—

“Attachment of salaries of officers.

8.—(1.) Where judgment has been given by any Court against an officer for the payment of any sum of money, the person in whose favor the judgment is given may serve on the Deputy Commissioner a copy of the judgment, certified under the hand of the Registrar or other proper officer of the Court by which the judgment was delivered, 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.

(2.) Upon the service upon him of a copy of a judgment and a statutory declaration in pursuance of this regulation the Deputy Commissioner shall, as soon as practicable, notify the judgment debtor in writing of the service of the copy of the judgment and the statutory declaration, and require him to state in writing, within a time to be specified by the Deputy Commissioner, 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.

(3.) If the officer fails to prove to the satisfaction of the Deputy Commissioner, within the time specified by the Deputy Commissioner, that the judgment has been satisfied, the Deputy Commissioner may from time to time deduct from any moneys due to the officer such sums as are,

2250.—Price 3d.

 

in his opinion, necessary to enable the judgment to be satisfied, or may direct the deduction therefrom of such sums, and shall pay, or direct the payment of, 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 regulation, be payable to the officer.

(4.) Where more than one judgment and statutory declaration are served upon a Deputy Commissioner in respect of one judgment debtor, the judgments shall be satisfied in the order in which copies of the judgments are served upon the Deputy Commissioner.

(5.) A payment made to a judgment creditor in pursuance of this regulation shall, as between the Commissioner and the officer, be deemed to be a payment by the Commissioner to the officer.

(6.) The provisions of this regulation shall not apply in relation to any officer whose estate the Deputy Commissioner 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.

Exercise of powers by Commissioner.

9. Any power or function which by these Regulations is conferred on the Deputy Commissioner may be exercised or performed by the Commissioner.”

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.