New South Wales Consolidated Acts

FINES ACT 1996 - SECT 73

73 Order to garnishee debts, wages or salary of fine defaulter

(1) The Commissioner may make an order that all debts due and accruing to a fine defaulter from any person specified in the order are attached for the purposes of satisfying the fine payable by the fine defaulter (including an order expressed to be for the continuous attachment of the wage or salary of the fine defaulter). The order is called a
"garnishee order" .

(2) The Commissioner may make a garnishee order only if satisfied that enforcement action is authorised against the fine defaulter under this Division.

(3) The order may be made in the absence of, and without notice to, the fine defaulter.

(4) The order operates as a garnishee order made by the Local Court under Part 8 of the Civil Procedure Act 2005 and, for that purpose--

(a) the Commissioner is taken to be the judgment creditor, and

(b) an instalment order under section 107 of that Act includes an order under this Act by the Commissioner for the payment of a fine by instalments, and

(c) such other modifications as are prescribed by the regulations have effect.

(5) A garnishee order is sufficiently served on a corporation if the order is transmitted electronically to the corporation and received through an information system designated by or on behalf of the corporation as the system to be used for the purpose of receiving the order.

(6) An order served electronically pursuant to subsection (5)--

(a) if served after 5.00pm on any day, is taken (subject to paragraph (b)) to have been served on the next day, and

(b) if served on a Saturday, Sunday or public holiday, is taken to have been served on the next day that is not a Saturday, Sunday or public holiday.