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Civil Proceedings Act 2011
sec.97Account with financial institution
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### sec.97 Account with financial institution
An amount standing to the credit of an enforcement debtor in an account in a financial institution is, for enforcing a money order, a debt payable to the enforcement debtor, even if any of the following conditions applicable to the account have not been satisfied—
a condition requiring a demand or notice to be made before an amount is withdrawn;
a condition requiring a personal application to be made before an amount is withdrawn;
a condition requiring the production of a deposit book or a receipt for an amount deposited in the account before an amount is withdrawn;
a similar condition.
Subsection (1) applies, with any changes necessary, to an amount placed to the credit of an enforcement debtor in an account in a financial institution between the date of the enforcement warrant ordering the redirection and any hearing deciding the validity of the warrant.
(sec.97-ssec.1) An amount standing to the credit of an enforcement debtor in an account in a financial institution is, for enforcing a money order, a debt payable to the enforcement debtor, even if any of the following conditions applicable to the account have not been satisfied— a condition requiring a demand or notice to be made before an amount is withdrawn; a condition requiring a personal application to be made before an amount is withdrawn; a condition requiring the production of a deposit book or a receipt for an amount deposited in the account before an amount is withdrawn; a similar condition.
(sec.97-ssec.2) Subsection (1) applies, with any changes necessary, to an amount placed to the credit of an enforcement debtor in an account in a financial institution between the date of the enforcement warrant ordering the redirection and any hearing deciding the validity of the warrant.
- (a) a condition requiring a demand or notice to be made before an amount is withdrawn;
- (b) a condition requiring a personal application to be made before an amount is withdrawn;
- (c) a condition requiring the production of a deposit book or a receipt for an amount deposited in the account before an amount is withdrawn;
- (d) a similar condition.