Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2335

Regular redirection order—financial institution to make payments etc

    (1)     For each regular deposit into the enforcement debtor's account while the regular redirection order is in force, the financial institution—

        (a)     must, not later than 3 days after the day the deposit is made, deduct from the account the amount stated in the order and pay it to the enforcement creditor stated in the order; and

        (b)     may deduct from the account a reasonable administration charge and keep it as a contribution towards the administrative cost of making payments under the order; and

        (c)     must, at least once a month, give the enforcement debtor a notice detailing the deductions.

    (2)     Any charge deducted under subrule (1) (b) must not be more than—

        (a)     if the financial institution has an amount it usually charges its customers for making periodic payments—that amount; or

        (b)     otherwise—an amount that covers the financial institution's costs and expenses of complying with the order.

    (3)     In applying subrule (1) (a) to the last deduction, the financial institution must deduct the amount (not more than the amount stated in the order for deduction for each regular deposit) that results in the total amount deducted under the order being the total amount for deduction stated in the order.

    (4)     A deduction paid or kept by a financial institution under subrule (1) is a valid discharge of the financial institution's liability to the enforcement debtor to the extent of the deduction.



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