Northern Territory Consolidated Regulations Northern Territory Consolidated RegulationsIn this Order, unless the contrary intention appears:
"attachment of earnings order" means an order under rule 72.03 or such an order as varied from time to time.
"earnings", in relation to a judgment debtor, means an amounts payable to the judgment debtor:
(a) by way of wages or salary, including fees, bonuses, commissions, overtime payments or other emoluments 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 a diminution in the emoluments, of an office or employment,
but does not include a pension payable to the judgment debtor under the Social Security Act 1947 , the Repatriation Act 1920 or the Seamen's War Pensions and Allowances Act 1940 of the Commonwealth.
"employer", in relation to a judgment debtor, means a person (including the Crown in right of the Territory, a Minister of the Crown in right of the Territory and a statutory authority representing the Crown in right of the Territory) by whom, as a principal and not as a servant or agent, earnings are payable or are likely to become payable to the judgment debtor.
"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 otherwise than into court.
"net earnings", in relation to a pay-day, means the amount of the earnings
becoming payable by a particular employer on that
pay-day after the deduction
from those earnings of:
(a) an amount deducted under Division 2 of Part VI of the Income Tax Assessment Act 1936 of the Commonwealth; and
(b) an amount deducted 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 82A of that Act.
"normal deduction", in relation to an attachment of earnings order and in relation to a pay-day, means an amount representing a payment at the normal deduction rate specified in the order in respect of the period between that pay-day and either the last preceding pay-day or, where there is no last preceding pay-day, the date on which the employer became, or last became, the judgment debtor's employer.
"pay-day" means an occasion on which earnings to which the attachment of earnings order relates become payable.
"protected earnings", in relation to an attachment of earnings order and in relation to a pay-day, means the amount representing a payment at the protected earnings rate specified in the order in respect of the period between that pay-day and either the last preceding pay-day or, where there is no last preceding pay-day, the date on which the employer became, or last became, the judgment debtor's employer.