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11.6 General (Part 6)

Section 425 prohibits the following:

  • 'any assignment' of compensation payable to a person under the MRCA unless specifically allowed under the MRCA (eg section 220);
  • any 'set-off' of amounts payable by a member or dependants under the MRCA against other amounts payable to these persons unless specifically allowed under the MRCA, (eg section 415); or
  • any 'attachment' of compensation payable under the MRCA unless permitted under the provisions of other specific legislation, ie:
  • Maintenance Orders (Commonwealth Officers) Act 1966;
  • Child Support (Registration and Collection) Act 1988;
  • Social Security Act 1991;  or
  • Regulations under the Family Law Act 1975.

Payment to Commissioner of Taxation

Section 426 relates to the provisions of the Taxation Administration Act 1953 which require DVA to deduct tax from compensation payments.

Jurisdiction of courts with respect to extraterritorial offences

Section 427 specifies the courts with jurisdiction in respect of offences committed outside Australia. The Judiciary Act 1903 applies to these type of offences.