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CORRECTIONS ACT 1986 - SECT 104ZH Payments out of fund where notice from creditor received

CORRECTIONS ACT 1986 - SECT 104ZH

Payments out of fund where notice from creditor received

    (1)     This section applies if the Secretary has been given notice by a person under section 104ZF in respect of a prisoner and has not been notified under section 104ZE(1) of legal proceedings against that prisoner.

    (2)     The Secretary must not pay any money out of the prisoner compensation quarantine fund to any person until the end of the initial quarantine period for the fund.

    (3)     The Secretary must, within 45 days after the end of the initial quarantine period, pay out of the prisoner compensation quarantine fund to the persons entitled to payment any amounts required to satisfy any judgment debt against, or entitlement to be paid by, the prisoner

        (a)     that was notified to the Secretary under section 104ZF during the initial quarantine period; and

        (b)     that the Secretary is satisfied is a valid claim on the prisoner.

    (4)     If the amount in the prisoner compensation quarantine fund is not sufficient to pay the amounts required to be paid out under subsection (3), the Secretary must make payments from the fund under that subsection on a pro rata basis having regard to any priority of payment required by law.

    (5)     If any amount remains in the prisoner compensation quarantine fund after all amounts are paid out under subsection (3), the Secretary must pay the remaining amount to or at the direction of the prisoner within, or as soon as practicable after the end of, the period of 45 days after the end of the initial quarantine period.

S. 104ZI inserted by No. 50/2008 s. 3.