Fines Enforcement and Debt Recovery Act 2017

The

money owing or accruing to a debtor from a third person; or

money of a debtor in the hands of a third person (including money in an

If the Chief Recovery Officer makes a determination under subsection (1)—

the

the garnishee may apply in a form approved by the Chief Recovery Officer for review of the determination (an internal review) (and section 52 applies to the application as if it had been made under that section).

Notice to a garnishee under subsection (2)(a) must include advice to the garnishee of the garnishee's right to apply for internal review of the determination.

Despite section 51, a determination may come into force before an enforcement notice has been given to the debtor, and before the garnishee has been notified of the determination, but in that case the determination will operate to restrain the garnishee from dealing with money to which the determination relates until both the debtor and the garnishee have had an opportunity to apply for internal review of the determination.

In deciding whether to make, vary or confirm a determination under this section affecting money of a natural person, the Chief Recovery

the debtor's means of satisfying the debt; and

the necessary living expenses of the debtor and the debtor's dependants;

other liabilities of the debtor.

A determination under this section may authorise the garnishee to retain from the money subject to the attachment a reasonable sum, fixed by the written determination, as compensation for the garnishee's expenses in complying with the determination.

A determination cannot be made under subsection (1) in respect of salary or wages unless the debtor consents to the making of the determination but, once that consent has been given, the extent to which the salary or wages are attached is in the discretion of the Chief Recovery Officer.

The

may, on application by a debtor, rescind, suspend or vary a determination under subsection (1) if the Chief Recovery Officer is satisfied that there has been a relevant change in the debtor's circumstances; and

must give the debtor and the garnishee written notice of the Chief

Written notice of a decision under subsection (8) is to be taken to be an enforcement notice for the purposes of this

If the Chief Recovery Officer decides under subsection (8) to vary a determination under subsection (1), the garnishee may apply for review of the decision (an internal review) (and section 52 applies to the application as if it had been made under that section).

Notice to a garnishee under subsection (8)(b) must include advice to the garnishee of the garnishee's right to apply for internal review of the determination.

A garnishee must comply with a determination under this section.

If the garnishee does not comply with a determination under this section, the garnishee becomes personally liable for payment to the

Subsections (12) and (13) do not apply to a garnishee if the garnishee has not been notified of the determination.

If, because a determination has been made under this section in relation to an employee, the employer—

dismisses the employee; or

injures the employee in employment; or

alters the employee's position to the employee's prejudice, the employer is guilty of an offence.

A reference in this section to a third person includes the Crown or any person or body holding money on behalf of the Crown.