Commonwealth Numbered Acts

PAPUA NEW GUINEA (STAFFING ASSISTANCE) ACT 1973 No. 70, 1973 - SECT 61

61. (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 under Part V, the judgment creditor may serve on the
Superannuation Board, in the manner 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 to notify the Board within the
period, and in the manner, specified in the notice, 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 the
manner 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 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 first-mentioned judgment) against the same
beneficiary in favour of the person in whose favour the first-mentioned
judgment was given or in favour of another person is served under 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 beneficiary, be deemed to be a payment
under Part V to the beneficiary.

(8) A judgment creditor who serves a copy of a judgment on the Board under
sub-section (1) shall notify the Board, in the manner 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.