Social Security Act 1991

If:

a person (in this section called the garnishee debtor) was given a notice under section 162 of the 1947 Act in respect of a debt due by another person (in this section called the original debtor) under the 1947 Act; and

the garnishee debtor failed to comply with the notice before 1 July 1991 to the extent that he or she was capable of complying with it;

legal proceedings; or

garnishee notice.

For legal proceedings see section 1232.

For garnishee notice see section 1233.

The amount of the debt outstanding is the amount equal to:

as much of the amount required by the notice under section 162 of the 1947 Act to be paid by the garnishee debtor as the garnishee debtor was able to pay; or

as much of the debt due by the original debtor at the time when the notice was given as remains due from time to time;

If the Commonwealth recovers:

the whole or a part of the debt due by the garnishee debtor under subsection (1); or

the whole or a part of the debt due by the original debtor;

both debts are reduced by the amount that the Commonwealth has so recovered; and

the amount specified in the notice under section 162 of the 1947 Act is to be taken to be reduced by the amount so recovered.

A reference in subsection (3) to the Commonwealth recovering the whole or a part of a debt includes a reference to the Commonwealth recovering, under the 1947 Act, the whole or a part of the debt.

In this section:

the Commonwealth; and

a State; and

a Territory; and

any authority of the Commonwealth, a State or Territory.