Commonwealth Numbered Acts

CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 142

(a) a person (the garnishee debtor ) is given a notice under section 150 in respect of a debt due by another person (the original debtor ) under this Act; and

(b) the garnishee debtor fails to comply with the notice to the extent that he or she is capable of complying with it;

(c) legal proceedings; or

(d) garnishee notice.

Note: If the person does not pay the debt or enter into an agreement to pay the debt within a certain time, interest may become payable on the debt (see section 139). If the person enters into an agreement to pay the debt and breaches the agreement, interest may become payable on the debt (see section 140).

(a) as much of the amount required by the notice under section 150 to be paid by the garnishee debtor as the garnishee debtor was able to pay; or

(b) 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;

(3) If the Commonwealth recovers:

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

(b) the whole or part of the debt due by the original debtor;

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

(d) the amount specified in the notice under section 150 is to be taken to be reduced by the amount so recovered.

(5) This section binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.

Note: The Crown is not liable to be prosecuted for an offence--see section 242.