Commonwealth Numbered Regulations

AUSTRALIAN FEDERAL POLICE REGULATIONS 2018 (F2018L01121) - REG 24

             (1)  For the purposes of paragraph 21(3)(a), the rate at which a deduction is to be made from the net salary of a debtor on a pay day for the debtor is 20%, unless subsection (2), (3) or (4) applies.

Serious financial hardship

             (2)  The paying officer for the debtor may reduce the rate at which deductions are to be made if the paying officer is satisfied, on reasonable grounds, that the debtor:

                     (a)  is suffering serious financial hardship; or

                     (b)  would suffer serious financial hardship if the rate of deductions were not reduced.

Requesting increase in rate of deductions

             (3)  If the debtor asks the paying officer, in writing, to make deductions at a rate greater than 20% of the debtor's net salary, the paying officer must comply with the request as soon as practicable.

             (4)  As soon as practicable after the debtor asks the paying officer, in writing, to reduce the rate of deductions increased under subsection (3), the paying officer must reduce the rate in accordance with this section.

Meaning of net salary

             (5)  The net salary of a debtor is the total gross salary of the debtor, less any amount to be deducted:

                     (a)  to pay income tax; and

                     (b)  if applicable, to pay child support in accordance with the Child Support (Assessment) Act 1989 ; and

                     (c)  as a contribution that:

                              (i)  the debtor is required to make to a fund under a superannuation scheme relating to the debtor's engagement in the AFP; and

                             (ii)  is the minimum amount required by law or by the rules of the fund.

Meaning of total gross salary

             (6)  The total gross salary of a debtor is the amount of:

                     (a)  if the debtor is the Commissioner--the sum of:

                              (i)  the debtor's gross salary as the Commissioner (not including any payment of compensation under a law of the Commonwealth, a State or the Australian Capital Territory that is about workers' compensation); and

                             (ii)  the allowances, in the nature of salary, that are paid to the debtor; and

                     (b)  if the debtor is an AFP appointee--the debtor's remuneration as an AFP appointee (not including any payment of compensation under a law of the Commonwealth, a State or the Australian Capital Territory that is about workers' compensation);

without any reduction for salary sacrifice arrangements, or other arrangements for a similar purpose.