An Act to amend various legislation relating to courts and crimes and other related matters.
1 Name of Act
This Act is the Justice Legislation Amendment Act (No 2) 2017.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as provided by this section.(2) Schedules 1.2 [2] and [3], 1.3 [4]–[6], 1.6 [1] and [7]–[13], 1.10 and 1.17 [2] commence on a day or days to be appointed by proclamation.(3) Schedule 1.3 [1] commences 3 months after the date of assent to this Act, unless commenced sooner by proclamation.
Schedule 1 Amendment of legislation
1.1, 1.2
(Repealed)[1] Section 106 Judgments for payment of money
Omit section 106 (3). Insert instead:(3) The power conferred on the Sheriff by subsection (2) (a) may not be exercised in relation to any property referred to in section 116 (2) of the Bankruptcy Act 1966 of the Commonwealth. For that purpose, a reference in section 116 (2) of that Act to the property of the bankrupt is taken to be a reference to the goods of the judgment debtor.
[2], [3] (Repealed)
[4] Section 118A
Insert after section 118:118A Minimum account balance of judgment debtor(1) The amounts attached under one or more garnishee orders must not, in total, reduce the amount of the aggregate debt that is due and accruing from the garnishee to the judgment debtor to less than $447.70.(2) The amount of $447.70 referred to in subsection (1) is taken to be an adjustable amount for the purposes of Division 6 of Part 3 of the Workers Compensation Act 1987.
[5] Section 124A
Insert after section 124:124A Variation, suspension or repayment of payments under garnishee ordersThe court may, at any time on the application by a judgment debtor, vary or suspend the making of payments by the judgment debtor under a garnishee order, or order the total amount paid by the judgment debtor under the garnishee order to be repaid, if the court is satisfied that it is appropriate to do so.
[6] (Repealed)
1.4–1.24
(Repealed)sch 1: Am 1987 No 15, sec 30C.