Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 104

104. (1) Where judgment has been given by a court against an officer or
employee for the payment of a sum of money, the person in whose favour the
judgment is given may serve on the Commission a copy of the judgment,
certified under the hand of the registrar or other proper officer of the
court, and a statutory declaration stating that the judgment has not been
satisfied by the judgment debtor and setting out the amount due under the
judgment by the judgment debtor.

(2) Upon the service on it of a judgment and a statutory declaration in
accordance with this section, the Commission shall, as soon as practicable,
notify the judgment debtor in writing of the service of the copy of the
judgment and the statutory declaration and require him to state in writing,
within the time specified in the notice, whether the judgment has been
satsified and, if it has been satisfied, to furnish evidence showing that it
has been satisfied or, if the judgment has not been satisfied, to state the
amount then due under the judgment.

(3) If the judgment debtor fails to satisfy the Commission, within the time
specified in the notice given under sub-section (2), that the judgment has
been satisfied, the Commission may, from time to time, deduct from any moneys
due to the judgment debtor such sums as appear to the Commission to be
necessary to enable the judgment to be satisfied, or may direct the deduction
therefrom of such sums, and shall pay, or direct the payment of, those sums to
the judgment creditor.

(4) The Commission shall not, at any time, make a deduction, or direct a
deduction, that would reduce the amount to be received by the judgment debtor
to less than one-third of the amount that would, but for the provisions of
this section, be payable to the judgment debtor.

(5) Where more than one judgment and statutory declaration are served on the
Commission in respect of a particular judgment debtor, the judgments shall be
satisfied in the order in which copies of the judgments are served upon the
Commission.

(6) A payment made to the judgment creditor in pursuance of this section
shall, as between the Commission and the judgment debtor, be deemed to be a
payment by the Commission to the judgment debtor.

(7) A person to whom a payment has been made in pursuance of this section
shall notify the Commission immediately a judgment in respect of which a
payment was made is satisfied.

Penalty: $100 or imprisonment for 3 months.

(8) If a payment made in pursuance of this section exceeds the amount due
under the judgment, the excess is repayable by the judgment creditor to the
judgment debtor and, in default of payment, is recoverable by the judgment
debtor from the judgment creditor as a debt in a court of competent
jurisdiction.

(9) Where the Commission is satisfied that the estate of an officer or
employee has been sequestrated, either voluntarily or compulsorily, for the
benefit of his creditors and that he has not been discharged from bankruptcy,
this section does not apply in relation to the officer or employee.