Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 267

Secretary or Australian Border Force Commissioner may freeze amounts to secure future debts

  (1)   If there is a future debt in relation to a person ( future debtor ), 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 future debtor; or

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

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

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

require the other person to retain for the period, not exceeding 28 days, specified in that notice:

  (e)   an amount specified in the notice, not exceeding the future 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 future debtor until that debt is paid.

  (2)   If the future 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 future debtor.

  (3)   If, after the notice is given to a person, an amount is paid by another person in respect of the future 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.

  (4)   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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