Defence Act, 1954

Deductions from pay of man in respect of certain court orders.

98.—(1) This section applies to—

(a) an order made by a civil court under section 1 of the Married Women (Maintenance in case of Desertion) Act, 1886,

(b) an order made by a civil court under section 75 or 82 of the Children Act, 1908,

(c) an order made by a civil court under section 99 of the Children Act, 1908, ordering the parent or guardian of an offender to pay a fine, damages or costs,

(d) an order made by a civil court under section 3 , 6 or 7 of the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930),

(e) an order made by the District Court under section 28 or 29 of the Public Assistance Act, 1939 (No. 27 of 1939),

(f) an order made by a civil court under section 232 or 233 of the Mental Treatment Act, 1945 (No. 19 of 1945),

(g) an order made by a civil court for payment of any moneys due as alimony under a deed of separation,

(h) an order made by a civil court for payment of alimony.

(2) Where an order to which this section applies is made against a person who is or subsequently becomes a man of the Permanent Defence Force and a copy of such order is sent to the Minister, the prescribed authority shall order to be deducted from the pay of such person as a man of the Permanent Defence Force and to be appropriated in satisfaction or part satisfaction of the amount (including any arrears accrued and any costs and expenses) payable under the order such portion (not exceeding, in case he holds the rank of sergeant or a higher non-commissioned army rank or the rank of petty officer or a higher non-commissioned naval rank, two-thirds or, in any other case, three-fourths) of his daily pay as the prescribed authority thinks fit.

(3) Where a reservist is called out on permanent service, subsection (2) of this section shall apply in respect of him in like manner as it applies in respect of a man of the Permanent Defence Force.