Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 264

Garnishee notice

             (1)  If an amount ( debt ) is a debt recoverable from a person ( debtor ) by the Commonwealth under section 263 or 265, the Secretary or Australian Border Force Commissioner may by written notice given to another person:

                     (a)  from whom any money is due or accruing, or may become due, to the debtor; or

                     (b)  who holds, or may later hold, money for or on account of the debtor; or

                     (c)  who holds, or may later hold, money on account of some other person for payment to the debtor; or

                     (d)  who has authority from some other person to pay money to the debtor;

require the person to whom the notice is given to pay to the Commonwealth:

                     (e)  an amount specified in the notice, not exceeding the debt or the amount of the relevant money; or

                      (f)  such amount as is specified in the notice out of each payment that the person becomes liable from time to time to make to the debtor until that debt is paid.

             (2)  The time for making a payment in compliance with a notice under subsection (1) is such time as is specified in it, not being a time before:

                     (a)  the relevant money becomes due or is held; or

                     (b)  the end of the period of 14 days after the notice is given.

             (3)  If the debtor is in Australia when the Secretary or Australian Border Force Commissioner gives the notice, the Secretary or Australian Border Force Commissioner must give a copy of the notice to the debtor.

             (4)  A person who makes a payment to the Commonwealth in compliance with the notice is taken to have made the payment under the authority of the person who owes the debt to the Commonwealth and of any other person concerned.

             (5)  If, after the notice is given to a person, an amount is paid by another person in reduction or satisfaction of the debt, the Secretary or Australian Border Force Commissioner must notify the person given the notice accordingly, and the amount specified in the notice is taken to be reduced by the amount paid.

             (6)  If money is not due, or repayable, to a person on demand unless a condition is fulfilled, the money is taken, for the purposes of this section, to be due or repayable on demand, even though the condition has not been fulfilled.



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