Commonwealth Numbered Acts

DEFENCE FORCE (PAPUA NEW GUINEA) RETIREMENT BENEFITS ACT 1973 No. 86 of 1973 - SECT 76

76. (1) Where a judgment given by a court for the payment of a sum of money
has not been fully satisfied by the judgment debtor and the judgment debtor is
entitled to benefit, the judgment creditor may serve on the Board, in such
manner as is prescribed, a copy of the judgment, certified under the hand of
the registrar or other proper officer of the court by which the judgment was
given, and a statutory declaration by the judgment creditor stating that the
judgment has not been fully satisfied by the judgment debtor and specifying
the amount due by the judgment debtor under the judgment.

(2) Where a copy of a judgment and a statutory declaration are served on the
Board in accordance with sub-section (1), the Board shall, as soon as
practicable, by notice in writing given to the judgment debtor, inform him of
the service of those documents and require him, within such period as is
specified in the notice and in such manner as is so specified, to notify the
Board whether the amount specified in the declaration is still due under the
judgment and, if no amount or a lesser amount is due under the judgment, to
furnish to the Board, in such manner as is specified in the notice, evidence
in support of that fact.

(3) A person to whom a notice is given under sub-section (2) shall comply with
the requirements contained in the notice.

Penalty: Forty dollars.

(4) If, at the expiration of the period specified in the notice, the Board is
satisfied that an amount is due under the judgment, the Board may, in its
discretion, deduct from the benefit, and pay to the judgment creditor, such
sums as do not exceed that amount.

(5) A deduction shall not be made from-

   (a)  an instalment of pension payable in respect of a child; or

   (b)  an instalment of any other pension if the deduction will reduce the
        amount of the instalment payable to less than one-half of the amount
        that would, but for this section, be payable.

(6) If, after a copy of a judgment given against a pensioner or beneficiary,
being a judgment in respect of which the Board is satisfied that an amount is
due, has been served in accordance with sub-section (1), a copy of another
judgment given (whether before or after the firstmentioned judgment) against
the same pensioner or beneficiary in favour of the person in whose favour the
first-mentioned judgment was given or in favour of another person is served in
accordance with that sub-section, the Board shall not make a payment in
accordance with this section to the judgment creditor under the other judgment
in respect of the amount due under that judgment until the amount due under
the first-mentioned judgment has been paid.

(7) A payment made to a judgment creditor in accordance with this section
shall, as between the Board and the pensioner or beneficiary, be deemed to be
a payment from the Fund to the pensioner or beneficiary.

(8) A judgment creditor who serves a copy of a judgment on the Board under
sub-section (1) shall notify the Board, in such manner as is prescribed,
immediately the judgment debt is satisfied.

Penalty: One hundred dollars or imprisonment for three months.

(9) If the amounts paid in accordance with this section to a judgment creditor
in respect of a judgment exceed, in the aggregate, the amount due under the
judgment, the excess is repayable by the judgment creditor to the judgment
debtor and, in default of payment, may be recovered by the judgment debtor
from the judgment creditor in a court of competent jurisdiction.