Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 2358

    (1)     For each payday while an earnings redirection order is in force, the enforcement debtor's employer—

        (a)     must deduct from the enforcement debtor's earnings the amount stated in the order (the deducted amount ); and

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

        (c)     must pay the deducted amount less any administration charge to the person stated in the order; and

        (d)     must give the enforcement debtor a notice detailing the deduction and any administration charge.

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

        (a)     if the employer has an amount the employer usually charges employees for making periodic payments—that amount; or

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

    (3)     In applying subrule (1) (a) to the last deduction, the employer must deduct the amount (not more than the amount stated in the order for deduction each payday) 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 an employer under subrule (1) is a valid discharge as between the employer and the enforcement debtor, to the extent of the deduction, of the employer's liability to pay earnings.