Back to Work Act 2015

This section applies to the following amounts—

an amount that a claimant is required to repay under section 37(1);

an amount of a penalty imposed on a claimant under section 37(2) or (3);

the amount of any judgment debt and costs in respect of an amount referred to in paragraph (a) or (b).

The Commissioner may require any of the following persons instead of the claimant to pay an amount to which this section applies that remains unpaid—

a person by whom any money is due or accruing or may become due to the claimant;

a person who holds or may subsequently hold money for or on account of the claimant;

a person who holds or may subsequently hold money on account of some other person for payment to the claimant;

a person having authority from some other persons to pay money to the claimant.

The Commissioner's requirement is to be made by notice in writing.

A copy of the notice must be served on the claimant.

The amount of money required to be paid to the Commissioner is—

if the amount of the money held or due or authorised to be paid does not exceed the amount payable by the claimant to the Commissioner, all the money; or

if the amount of the money exceeds the amount payable, sufficient money to pay the amount payable.

The money must be paid to the Commissioner on receipt of the notice, or when the money is held by the person, or after such period (if any) as may be specified by the Commissioner, whichever is the later.

A person subject to a requirement of the Commissioner under this section must comply with the requirement.

If, after a person is given a notice under this section by the Commissioner, the whole or a part of the amount is paid by another person, the Commissioner must promptly notify the person to whom the notice is given of the payment and the notice is taken to be amended accordingly.