2000Definitions—pt 2.18

2000 Definitions—pt 2.18 account, for a financial institution, includes— (a) a deposit account or withdrawable share account; and (b) any record of deposit or subscription for withdrawable shares; and (c) a loan account that has a credit balance. charging order—see rule 2401. debt redirection order—see rule 2301 (1). defendant, for division 2.18.17 (Enforcement—arrest warrants for absconding defendants)—see rule 2551. earnings, of an enforcement debtor, means any of the following that are owing or accruing to the debtor: (a) wages or salary, including, for example, any allowance, bonus, commission, fee, overtime pay or other amount received under a contract of employment; (b) an amount that, although not payable under a contract of employment, is analogous to or in the nature of wages or salary, including, for example, an amount received under a contract for services;

(c) any other amount received, or the value of any benefit gained, as compensation for services or profit arising from a contract of employment, contract for services or position; (d) a pension, benefit or similar payment; (e) an annuity; (f) an amount payable instead of leave; (g) retirement benefit. earnings redirection order—see rule 2350. employer, of an enforcement debtor, means a person who, as principal, rather than as employee or agent, pays, or is likely to pay, earnings to the enforcement debtor. Note This term applies to the Territory as an employer (see Legislation Act, s 121 (Binding effect of Acts)). enforceable money order, of the court, means— (a) a money order of the court; or (b) a money order of another court or tribunal filed or registered, under a territory law or a law of the Commonwealth, in the court for enforcement. enforceable non-money order, of the court, means— (a) a non-money order of the court; or (b) a non-money order of another court or tribunal filed or registered, under a territory law or a law of the Commonwealth, in the court for enforcement.

enforcement creditor, for an enforceable money order of the court, means— (a) the person entitled to enforce the money order; or (b) the person to whom the benefit of part of the money order has passed by way of assignment or in another way. enforcement debtor, for an enforceable money order of the court, means the person required to pay an amount under the money order. enforcement hearing subpoena means a subpoena issued under rule 2103. enforcement hearing warrant—see rule 2110 (2). enforcement officer means the sheriff, a sheriff’s officer or a bailiff. enforcement order, of the court— (a) means an order of the court made under this part to enforce an enforceable money order or non-money order; and (b) includes an order mentioned in rule 2001 (3), but, to remove any doubt, does not include an instalment order. exempt property means property that is not divisible among the creditors of a bankrupt under the relevant bankruptcy law as in force from time to time and, for the enforcement debtor for an enforceable money order of the court, includes property of the enforcement debtor to which an order under rule 2202 (1) (Seizure and sale order— additional exempt property) applies. fourth person, for division 2.18.7 (which is about regular redirections from financial institutions)—see rule 2330.