sec.48Interpretation

### sec.48 Interpretation In this division— attachment of earnings order means an order under section 49 (3) or such an order as varied from time to time. defendant , in relation to a maintenance order or to proceedings in connection with a maintenance order, means the person against whom the order was made. earnings , in relation to a defendant, means any sums payable to the defendant— by way of wages or salary (including any fee, bonus, commission, overtime pay or other emolument payable in addition to wages or salary); or by way of pension, including— an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity; and 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 employment; but does not include any pension payable to the defendant under the Social Security Act 1991 (Cwlth) , the Repatriation Act 1920 (Cwlth) or the Veterans’ Entitlements Act 1986 (Cwlth) . employer , in relation to a defendant, means a person (including the Crown in right of the State, a Minister in right of the State and any statutory authority representing the Crown in right of the State) by whom, as a principal and not as a servant or agent, earnings are payable or are likely to become payable to the defendant. maintenance order means an order made under section 10 , 11 , 12 , 13 , 14 , 15 or 17 , or enforceable as if so made, and, if such an order has been varied, includes the order as so varied, and includes— an order made pursuant to section 21 where the nominal amount directed by the order to be paid has been varied under section 31 ; and any of the abovementioned orders that has ceased to have effect, if any arrears are recoverable under the order; and an order for the payment of costs in any proceedings in which any of the abovementioned orders was made. net earnings , in relation to a payday, means the amount of the earnings becoming payable by a particular employer on that payday, after deduction from those earnings of— any sum deducted from those earnings under the Income Tax Assessment Act 1936 (Cwlth) , part 6 , division 2 ; and any sum deducted from those earnings that would be an allowable deduction— under section 82H of that Act other than life insurance premiums, not being life insurance premiums payable in respect of superannuation; or under section 82HA of that Act. normal deduction , in relation to an attachment of earnings order and in relation to a payday, means an amount representing a payment at the normal deduction rate specified in the order in respect of the period between that payday and either the last preceding payday, or, where there is no last preceding payday, the date on which the employer became, or last became, the defendant’s employer. payday means an occasion on which earnings to which an attachment of earnings order relates become payable. protected earnings , in relation to an attachment of earnings order and in relation to a payday, means the amount representing a payment at the protected earnings rate specified in the order in respect of the period between that payday and either the last preceding payday, or, where there is no last preceding payday, the date on which the employer became, or last became, the defendant’s employer. In this division— a reference to a person entitled to receive payments under a maintenance order is a reference to a person entitled to receive payments under the maintenance order either directly or through another person or for transmission to another person; and a reference to proceedings relating to an order includes a reference to proceedings in which the order may be made. (sec.48-ssec.1) In this division— attachment of earnings order means an order under section 49 (3) or such an order as varied from time to time. defendant , in relation to a maintenance order or to proceedings in connection with a maintenance order, means the person against whom the order was made. earnings , in relation to a defendant, means any sums payable to the defendant— by way of wages or salary (including any fee, bonus, commission, overtime pay or other emolument payable in addition to wages or salary); or by way of pension, including— an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity; and 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 employment; but does not include any pension payable to the defendant under the Social Security Act 1991 (Cwlth) , the Repatriation Act 1920 (Cwlth) or the Veterans’ Entitlements Act 1986 (Cwlth) . employer , in relation to a defendant, means a person (including the Crown in right of the State, a Minister in right of the State and any statutory authority representing the Crown in right of the State) by whom, as a principal and not as a servant or agent, earnings are payable or are likely to become payable to the defendant. maintenance order means an order made under section 10 , 11 , 12 , 13 , 14 , 15 or 17 , or enforceable as if so made, and, if such an order has been varied, includes the order as so varied, and includes— an order made pursuant to section 21 where the nominal amount directed by the order to be paid has been varied under section 31 ; and any of the abovementioned orders that has ceased to have effect, if any arrears are recoverable under the order; and an order for the payment of costs in any proceedings in which any of the abovementioned orders was made. net earnings , in relation to a payday, means the amount of the earnings becoming payable by a particular employer on that payday, after deduction from those earnings of— any sum deducted from those earnings under the Income Tax Assessment Act 1936 (Cwlth) , part 6 , division 2 ; and any sum deducted from those earnings that would be an allowable deduction— under section 82H of that Act other than life insurance premiums, not being life insurance premiums payable in respect of superannuation; or under section 82HA of that Act. normal deduction , in relation to an attachment of earnings order and in relation to a payday, means an amount representing a payment at the normal deduction rate specified in the order in respect of the period between that payday and either the last preceding payday, or, where there is no last preceding payday, the date on which the employer became, or last became, the defendant’s employer. payday means an occasion on which earnings to which an attachment of earnings order relates become payable. protected earnings , in relation to an attachment of earnings order and in relation to a payday, means the amount representing a payment at the protected earnings rate specified in the order in respect of the period between that payday and either the last preceding payday, or, where there is no last preceding payday, the date on which the employer became, or last became, the defendant’s employer. (sec.48-ssec.2) In this division— a reference to a person entitled to receive payments under a maintenance order is a reference to a person entitled to receive payments under the maintenance order either directly or through another person or for transmission to another person; and a reference to proceedings relating to an order includes a reference to proceedings in which the order may be made. - (a) by way of wages or salary (including any fee, bonus, commission, overtime pay or other emolument payable in addition to wages or salary); or - (b) by way of pension, including— (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 employment; but does not include any pension payable to the defendant under the Social Security Act 1991 (Cwlth) , the Repatriation Act 1920 (Cwlth) or the Veterans’ Entitlements Act 1986 (Cwlth) . - (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 employment; - (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 employment; - (a) an order made pursuant to section 21 where the nominal amount directed by the order to be paid has been varied under section 31 ; and - (b) any of the abovementioned orders that has ceased to have effect, if any arrears are recoverable under the order; and - (c) an order for the payment of costs in any proceedings in which any of the abovementioned orders was made. - (a) any sum deducted from those earnings under the Income Tax Assessment Act 1936 (Cwlth) , part 6 , division 2 ; and - (b) any sum deducted from those earnings that would be an allowable deduction— (i) under section 82H of that Act other than life insurance premiums, not being life insurance premiums payable in respect of superannuation; or (ii) under section 82HA of that Act. - (i) under section 82H of that Act other than life insurance premiums, not being life insurance premiums payable in respect of superannuation; or - (ii) under section 82HA of that Act. - (i) under section 82H of that Act other than life insurance premiums, not being life insurance premiums payable in respect of superannuation; or - (ii) under section 82HA of that Act. - (a) a reference to a person entitled to receive payments under a maintenance order is a reference to a person entitled to receive payments under the maintenance order either directly or through another person or for transmission to another person; and - (b) a reference to proceedings relating to an order includes a reference to proceedings in which the order may be made.