S 37 repealed by No 77 of 2000, s 3 Sch 1 item 13, effective 30 June 2000. S 37 formerly read:
(1)
What this section does
This section allows the Commissioner to collect money from a person who owes money to an entity that has a scheme debt.
(2)
Commissioner may give direction
The Commissioner may direct a person (the
third party
) who owes, or may later owe, money (the
available money
) to the entity to pay some or all of the available money to the Commissioner in accordance with the direction. The Commissioner must give a copy of the direction to the entity.
(3)
Limit on directions
The direction cannot require an amount to be paid to the Commissioner at a time before it becomes owing by the third party to the entity.
(4)
Third party to comply
The third party must comply with the direction, so far as the third party is able to do so.
Penalty: 20 penalty units.
Note:
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(5)
Court orders
If a person is convicted of an offence in relation to a refusal or failure of the third party to comply with subsection (4), the court may (in addition to imposing a penalty on the convicted person) order the convicted person to pay to the Commissioner an amount up to the amount involved in the refusal or failure of the third party.
(6)
Indemnity
Any payment made by the third party under this section is taken to have been made with the authority of the entity and of all other persons concerned, and the third party is indemnified for the payment.
(7)
Notice
If the whole of the scheme debt of the entity is discharged before any payment is made by the third party, the Commissioner must immediately give notice to the third party of that fact.
(8)
If a part of the scheme debt of the entity is discharged before any payment is made by the third party, the Commissioner must:
(a)
immediately give notice to the third party of that fact; and
(b)
make an appropriate variation to the direction; and
(c)
give a copy of the varied direction to the entity.
(9)
When third party is taken to owe money
The third party is taken to owe money to the entity if:
(a)
money is due or accruing by the third party to the entity; or
(b)
the third party holds money for or on account of the entity; or
(c)
the third party holds money on account of some other person for payment to the entity; or
(d)
the third party has authority from some other person to pay money to the entity;
whether or not the payment of the money to the entity is dependent on a pre-condition that has not been fulfilled.
S 37 inserted by No 201 of 1999, s 3 and Sch 1 item 40, effective 24 December 1999.
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