129FInterpretation and application of Division 2A

129F Interpretation and application of Division 2A

[Rule 129F Inserted by S.R. 2003, No. 17, Applied:09 Apr 2003]

(1)  In this Division –

earnings, in relation to a judgment debtor, means any amount payable to the judgment debtor –

(a) by way of wages or salary or any other emolument payable in addition to wages or salary; or

(b) by way of pension in the form of –

(i) an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity; and

(ii) periodical payments in respect of, or by way of, compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office; or

(c) by way of any other payment payable periodically, other than a pension or benefit or an allowance payable to the judgment debtor under any law of the Commonwealth;

judgment includes an order;

judgment creditor means a person entitled to enforce a judgment for the payment of money other than a judgment for the payment of money into Court;

judgment debtor means a person required by a judgment to pay money other than into Court;

net earnings, in relation to a payday, means the amount of earnings due to the judgment debtor less any usual deductions made by the garnishee in respect of the following:

(a) income tax instalments required to be deducted from those earnings under Division 2 of Part VI of the Income Tax Assessment Act 1936 of the Commonwealth;

(b) premiums to a medical or hospital benefits fund;

(c) superannuation contributions due and payable;